[HCDX]: THE KIWI RADIO WEEKLY VOLUME FIFTEEN - NUMBER THREE
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[HCDX]: THE KIWI RADIO WEEKLY VOLUME FIFTEEN - NUMBER THREE
~~~~~~~~~~~~~~~~THE KIWI RADIO WEEKLY~~~~~~~~~~~~~~
================== Year Two - 1998 ==================
----- P O BOX 3103, ONEKAWA, NAPIER, NEW ZEALAND.------
Editor: Graham J Barclay Email: kiwiradio@xxxxxxxxxxx
Phone: 0064-6-835-9106
Fax: 0064-6-835-9186
WWW site: http://www.geocities.com/CapeCanaveral/9885
Assistance kindly provided by:
SRS NEWS, Sweden. http://www.lls.se/jal/index.html
`````````````````````````````````````````````````````````````````````````````````````````
# 61
VOLUME FIFTEEN - NUMBER THREE
Hello again and welcome to this weeks edition of the KRW:
New Zealand has now resumed "Normal" time, as our Daylight time ended in
the early hours of this morning, So we are now GMT + 12.00.
We have added a message and jingle in "Real Audio" to both our main
page at CapeCanaveral/9885, and also to The SOUNDWAVE FM site.
More will be added soon.
Onto other news received this week:
*****************************
6955 KHz UNDER THREAT??
A recent WREC relay of a Rock-It Radio program was reported by a
listener to have interference from WGTG. This was on 2/27-28 from 2345
to 0045 UTC on 6955 kHz. I believe the reporter was from Canada.
Another listener in Florida did not report hearing any interference from
WGTG.
Does anyone know the current status of WGTG?
Might they be testing 6955 out as of now?
PJ Sparx
***************************
SHORT WAVE RELAY SERVICE
Broadcasting schedule - MARCH 1998
- Sunday March 15th, 1998
08.00-12.00 UTC:
test on 25/19 m.b.
- 08.00-09.00 11.515 kHz AM
- 09.00-10.00 15.025 kHz USB
- 10.00-11.00 11.515 kHz USB
- 11.00-12.00 15.025 kHz USB
20.00-21.00 UTC:
TEST ON 25 M.B. TO NORTH AMERICA
- 20.00-21.00 11.515 kHz USB
- Sunday March 22nd, 1998
08.00-12.00 UTC:
test on 25/19 m.b.
- 08.00-09.00 11.515 kHz AM
- 09.00-10.00 15.025 kHz USB
- 10.00-11.00 11.515 kHz USB
- 11.00-12.00 15.025 kHz USB
- Sunday March 29th, 1998
09.00-13.00 UTC:
test on 41/25 m.b.
- 09.00-11.00 7.480 kHz AM
- 09.00-13.00 11.515 kHz AM
with :
- Crazy Wave Radio (Germany),
- Con Frequencia (Argentina),
- Silver Radio (Italy).
===============================================
SHORT WAVE RELAY SERVICE
Broadcasting facilities for free radio
e-mail : swrs@xxxxxxx
home page: http://www.geocities.com/Area51/Station/7568/
************************
BENELUX DX-CLUB (BDXC) INFORMATION (10/03/98)
==================================
UPDATED info available via "World Wide Web" on Internet at:
http://www-dx.deis.unibo.it/htdx/swls/bdxc.html
* UPDATED - "ALL transmissions to EUROPE lists (1/3/98 & 9/3/98)".
* NEW - "DX-Hotline Nr.3 (9/3/98)".
73 Jan
************************
RADIO FEST 98
The Ontario DX Association invites radio enthusiasts of all interests
and
all levels to join us for the event of the year, Radio Fest 98. This
1998
convention of the ODXA promises to be one of the best events in recent
years for radio hobbyists.
Regular releases will be distributed and we invite you to pass them on
to
anyone whom you believe would be interested. Here are the details to
this time:
Dates: Friday, October 2 through Sunday, October 4
Location: Mohawk College, Hamilton, Ontario
Theme: "Communications Into Our Future"
Registration Fees : $15 for the entire convention, $5 for one-day
attendance
Accomodations : local hotels and motels
Topics to be Covered (more will be added as we line up speakers and
presenters) : Antenna Basics; Mediumwave Loop Building Workshop; History
of Canadian Radio; Introduction to Shortwave Radio; Game Show (a fun
event for everyone); Radio Astronomy.
Saturday Night Banquet : A keynote speaker will be announced shortly.
Prizes : Many exciting prizes will be available in our traditional
raffle.
Contact for further information:
World Wide Web : http://www.grove.net/~odxa/
[Note that this will change soon, due to the sale of Grove.net]
E-mail : 70400.2660@xxxxxxxxxxxxxx
Snail Mail : Ontario DX Association,
P.O. Box 161, Station A, Willowdale, Ontario M2N 5S8, Canada
****************************
Q103:
A new frequency to check out this weekend!
Saturday 14th:
15-16 UTC 10318 kHz
16-17 UTC 6958 kHz
18-19 UTC 4018 kHz
May also be between 14.30-14.55 on 7448 kHz.
The station is called Q103 and transmissions takes place in U- or LSB
Address: c/o SRS
No further info about this station.
RADIO FREE LONDON:
If everything goes to plan, RADIO FREE LONDON will be testing a new high
powered transmitter this coming Friday afternoon through till Saturday
afternoon on 5805kHz. If the rig works well and the enginners are happy
with the results it will stay on the air for our regular 3rd Sunday
transmission.
Any e-mail reports about the signal and what the mod sounds like are
welcomed at: <RFLSW@xxxxxxx>
( via SRS News Extra )
**********************
BUSTED:
EDWIN VALENTIN D/B/A MUSICAL RADIO - PONTIAC, MI. Ordered that Edwin
Valentin is liable for a monetary forfeiture in the amount of $5,000 for
violating Section 301 of the Communications Act and Sections 15.209 and
15.239 of the Commission's rules by operating an unauthorized radio
transmitting facility. Action by Bureau Chief. by Not. of Forf. (DA
No. 98-487). CIB
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Edwin Valentin ) NAL/ Acct. No.
815DT0002
d/b/a Musical Radio )
Pontiac, Michigan )
NOTICE OF FORFEITURE
Released: March 11, 1998
By the Compliance and Information Bureau:
1. Before the Bureau is a Notice of Apparent Liability (NAL),
released
on December 10, 1998, and the January 9, 1998 response thereto, filed by
Edwin Valentin, d/b/a Musical Radio, requesting that the Bureau dismiss
the Notice of Apparent Liability. The NAL proposes imposition of a
forfeiture against Edward Valentin in the amount of $5,000 pursuant to
Section 503(b) of the Communications Act of 1934, as amended (the Act),
47 U.S.C. 503(b), for violation of Section 301 of the Act, 47 U.S.C.
301 and sections 15.209 and 15.239 of the Commission's rules, 47
C.F.R. 15.209, 15.239. For the reasons noted below, we affirm the
monetary forfeiture of $5,000.
2. The Commission's Detroit Office, prompted by a private-sector
complaint, monitored and located unauthorized transmissions being made
by Edwin Valentin on 106.3 MHz on October 24 and October 28, 1997.
Field strength measurements, taken at that time, demonstrated that the
transmissions exceeded the limits allowed under Section 15.239 of the
Rules, 47 C.F.R. 15.239. On December 5, 1997, an FCC agent inspected
the station. At that time, Mr. Valentin was operating the radio
transmitter and admitted being the operator of the station, which he
identified as "Musical Radio". He further acknowledged that the station
had no license to broadcast from the FCC. On December 10, 1997, the
Detroit Office issued the NAL to which the Respondent now responds.
3. In his response, Mr. Valentin seeks cancellation of the NAL. He
does not deny operating an unauthorized radio transmitting facility, but
rather he contends that the Commission's regulatory scheme operates as
an impermissible infringement and thereby restricts his First Amendment
right to broadcast over the airwaves. This impermissible constitutional
encroachment, Mr. Valentin maintains, arises from the Commission's
policy which does not allow the licensing of any new stations below 100
watts. Citing to Section 303(g) of the Act, 47 U.S.C. 303(g),
Respondent further contends that the Commission's effective ban on very
low power broadcasting also violates the FCC's statutory mandate to
"study new uses for radio, provide for experimental uses of frequencies,
and generally encourage the larger and more effective use of radio in
the public interest." In his response to the Commission's guidance that
he seek a waiver or initiate rulemaking proceedings if dissatisfied with
the Commission's current licensing scheme, Respondent asserts that it is
the Commission's duty, not the responsibility of applicants, to
recognize that its present regulatory scheme violates the First
Amendment.
4. As presently structured, the Commission's rules do not allow for
the
licensing of any commercial radio station facilities which would operate
below 100 watts (existing non-commercial, educational radio facilities,
were allowed to continue to operate as Class D stations pursuant to a
Commission proceeding which involved notice and comment). See In the
Matter of Changes in the Rules Relating to Non-commercial Educational FM
Broadcast Stations, 69 FCC 2d 240, 244. (1978). Moreover, Commission
rules, under Part 15, do sanction low power broadcasting, although with
accompanying emissions restrictions. 47 C.F.R. 15.209, 15.239.
5. In a somewhat cavalier fashion, Respondent, without seeking a
license or other Commission authorization, began his unauthorized
broadcasts. This conduct constituted a serious breach and patent
violation of Section 301 of the Act. That statute, in relevant part,
requires a license or Commission authorization for any U.S. radio
broadcast transmissions. The constitutionality of the Communications
Act and the FCC's authority to license broadcast stations have been
repeatedly sustained by the Supreme Court. In National Broadcasting Co.
v. United States, 319 U.S. 190, 227 (1943), the Supreme Court clearly
held that "[t]he right of free speech does not include the right to use
the facilities of a radio station without a license. See also Red Lion
Broadcasting Co. v. FCC, 395 U.S. 367, 388 (1969).
6. The Commission's investigation has revealed that Respondent was
fully aware that his operation of the radio station, known as "Radio
Musical" or "Musical Radio", was in violation of the Commission's
rules. Nevertheless, he initiated and continued his illegal
broadcasts. Because Respondent has not applied for a license, we do not
have the benefit of a full record upon which to respond to Mr.
Valentin's constitutional argument that the FCC is violating its
statutory mandate regarding exploration of experimental uses of the
frequencies in the public interest. If Respondent wishes to pursue his
challenge to the constitutionality of the FCC's licensing scheme, he
must first apply for a license or other form of authorization. See
generally, Suncom Mobile & Data Inc. v. FCC, 87 F.3d 1386 (D.C. Cir.
1996).
7. The Commission derives its forfeiture authority from Section 503 of
the Act, 47 U.S.C. 503, and Section 1.80 of the Rules, 47 C.F.R. 1.80.
In its determination of the appropriate forfeiture amount, the Detroit
Field Office followed Section 503 of the Act, Section 1.80 of the rules,
and the Commission's Policy Statement, Standards for Assessing
Forfeitures, (Policy Statement), 12 FCC Rcd 17087 (1997). In assessing
forfeitures, Section 503(b) of the Act requires that the Commission take
into account the nature, circumstances, extent, and gravity of the
violation and, with respect to the violator, the degree of culpability,
any history of prior offenses, his/her ability to pay, and other such
matters as justice may require. 47 U.S.C. 503(b)(2)(D).
8. The circumstances of this case do not indicate any aggravating
factors or extenuating factors warranting a reduction or cancellation
of
the monetary forfeiture initially assessed. Moreover, Respondent has
not
submitted any relevant financial or other data that would tend to
dispute
his ability to pay the $5,000 forfeiture.
9. Based upon Mr. Valentin's Response, as well as the factors set
forth
in the Commission's Policy Statement, we find that a forfeiture in the
amount of $5,000 is warranted and supported by the record.
10. ACCORDINGLY, IT IS ORDERED that, pursuant to 47 U.S.C. 503(b),
and Section 1.80 of the Commission's Rules, 47 C.F.R. 1.80, Edwin
Valentin IS LIABLE FOR A MONETARY FORFEITURE in the amount of five
thousand dollars ($5,000) for violation of Section 301 of the
Communications Act, 47 U.S.C.301, and Sections 15.209 and 15.239 of the
Commission's Rules, 47 C.F.R. 15.209, 15.239.
11. IT IS FURTHER ORDERED, pursuant to Section 1.80(f) of the
Commission's Rules, 47 C.F.R. 1.80(f), that Edwin Valentin shall,
within
thirty (30) days of the release of this Forfeiture Order pay the full
amount of the forfeiture. Forfeitures shall be paid by check, credit
card
or money order made payable to the Federal Communications Commission.
The remittance should be marked "NAL/Acct. No. 815DT0002" and mailed to
the following address:
Federal Communications Commission
Post Office Box 73482
Chicago, IL 60673-7482
Petitions for Reconsideration pursuant to Section 1.106, 47 C.F.R.
1.106 of the Rules, or Applications for Review pursuant to Section
1.115, 47 C.F.R. 1.115, should be sent to:
Chief, Compliance Division
Compliance and Information Bureau
Federal Communications Commission
1919 M Street, N.W.
Washington, D.C. 20554
ATTN: Mail Stop 1500E3AJC
12. IT IS FURTHER ORDERED that a copy of this Order shall be
sent by certified mail, return-receipt requested, to Edwin Valentin and
to his attorney of record.
FEDERAL COMMUNICATIONS COMMISSION
Lawrence S. Schaffner
Acting Director, Legal Services Group
Compliance Division
Compliance and Information Bureau
( Via Fred R Vobbe)
*********************
1680 PIRATE NOW ALSO ON FM:
The unlicensed, the Spanish-language religious pirate that's on 1680 kHz
in the Worcester area is now reportedly being heard on FM as well.
Its policy of giving away airtime to churches is causing some concern
at licensed religious stations in the area, we're told.
.................................
UNIDENTIFIED SIGNAL"
A NERW reader in Portland is hearing an unusual signal on 97.3 --
nonstop 80s hits with no legal IDs, just a jingle that goes "Wavin'
every hour, wavin' at our tower, Wave radio." Unlicensed? We think
so...
..............................
MONEY WANTED PLEASE :
Pirate WICE (89.3) in Johnston is running on-air appeals for money to
help the station expand to seven days a week from its current
Thursday-through-Sunday schedule.
.............................
OFF AIR:
The 104.5 Spanish-language pirate in New Haven is off the air again
after returning to the air following last week's FCC bust.
( Via NERW 3/12/98)
************************
CONVICTED:
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET N.W.
WASHINGTON, D.C. 20554
News media information 202/418-0500, Fax-On-Demand 202/418-2830,
Internet http://www.fcc.gov or ftp.fcc.gov
This is an unofficial announcement of Commission Action. Release of the
full text of a Commission order constitutes official action. See MVI v.
FCC. 516 F 2d 385 (D.C. Circ 1974)
February 25, 1998
MEDIA RELEASE
Charles R. Wilson, United States Attorney for the Middle District of
Florida, announced today the return of a criminal conviction, in
connection with violations of federal communications laws as a result of
unlicensed radio broadcasting by Arthur "Lonnie" Kobres.
Arthur Kobres, age 53, of Lutz, was charged in a fourteen-count
indictment with operating a radio station without a license, in
violation of Title 47, United States Code, Sections 301 and 501. A jury
found the defendant guilty on all counts. The statutory maximum penalty
for violations of Sections 301 and 501 is two years' imprisonment and a
fine of up to $250,000 per count.
Such penalties may be cumulative, resulting in a maximum term of
imprisonment of 28 years and a fine of up to $3.5 million. In addition,
the
United States also has recently successfully concluded a civil action
against Mr. Kobres, in which his equipment used to conduct the
broadcasts was ordered forfeited to the United States, pursuant to Title
47, United States Code, Section 510.
The evidence at the criminal trial demonstrated that on 14 different
dates,
beginning in November 1, 1995 and continuing through September 24, 1997,
Mr. Kobres engaged in unlicensed radio broadcasting, and did so even
after having been advised that his actions were illegal, and causing
interference to the radio and television reception of surrounding
neighbors. The case was the first criminal case of its kind brought
under the statute in many years.
The case was investigated by officials of the Federal Communications
Commission. The criminal matter involving Mr. Kobres was prosecuted by
Assistant United States Attorney Ronald J. Tenpas of the Major Crimes
Section. The civil forfeiture action was prosecuted by Assistant United
States Attorney Patricia A. Willing of the Asset Forfeiture Section.
HEADLINE: GOVERNMENT CONVICTS PIRATE RADIO BROADCASTER
The United States Attorney for the Middle District of Florida announced
today the conviction of Arthur "Lonnie" Kobres, for the illegal
operation
of an unlicensed radio station. In addition, that same office announced
that the United States also prevailed in a parallel civil proceeding
seeking forfeiture to the United States of the radio broadcasting
equipment being used to conduct Mr. Kobres's unlicensed broadcasts.
( via Fred R Vobbe )
*********************
SOUNDS FROM THE WIRELESS:
I have just added a new section to my Internet presence: Sounds from the
Wireless.
It consists of recordings of Interval Signals and Identifications from
as many radio stations as I have received (and will as yet receive) on
Medium, Long and Short Wave, including Free (or «pirate») Radio Stations
and Numbers Stations.
These soundbits are being offered in the RealAudio format. I hope
you will find this a useful addition, and I invite you to it. At this
moment there are just a few dozens of clippings, but this number is
bound to
grow with time.
73's de
Frank van Gerwen
<cisquet@xxxxxx>
Also check out: http://www.tip.nl/users/cisquet
-Free Radio pages at: http://members.tripod.com/~frankito
-Sounds from the Wireless at:
http://www.crosswinds.net/barcelona/~cesc1
*************************
FREE RADIO PROGRAMMES VIA WRMI:
Shortwave station WRMI in Miami, Florida will broadcast some special
programs from "free radio" producers in various parts of the world
during the coming weeks. Days and times are UTC. All broadcasts are on
9955 kHz.
SOUTHERN MUSIC RADIO from New Zealand - March 14, 1998 from 1000-1100
UTC
RADIO SPARKS from Switzerland - March 14 from 2100-2200 UTC
RADIO BLANDENGUE and RADIO COCHIGUAZ from South America (in Spanish, or
possibly bilingual Spanish and English) - April 12 from 0300-0400 UTC
All four of these broadcasters will issue special QSL cards for
reception
reports on these programs. Reports may be sent to the addresses
mentioned on the air, or they may be sent to WRMI (which will pass them
on to the producers) at P.O. Box 526852, Miami, Florida 33152 USA, or by
e-mail to: <wrmi@xxxxxxxxxxxxxx>
******************
See you next week - Good DXing
73's
Graham J Barclay
KIWI RADIO - NEW ZEALAND
Email: kiwiradio@xxxxxxxxxxx
WWW: http://www.geocities.com/CapeCanaveral/9885
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