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John S. Melcer, New Castle, PA

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Released: December 15, 2009

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
John S. Melcer
)
File No. EB-09-PA-0246
Licensee of Radio Station K3UN
)
New Castle, Pennsylvania
)
NOV No. V201032400012
)
)

NOTICE OF VIOLATION

Released: December 15, 2009

By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the
Commission’s Rules1 to John S. Melcer, the licensee of Amateur Radio Service station
K3UN in New Castle, Pennsylvania.
2. The Enforcement Bureau’s Philadelphia Office received a complaint alleging intentional
interference to amateur radio communications on the 146.625/146.025 MHz repeater
(Call sign WA3VRD). In response, on November 19, 2009, an agent from the
Philadelphia Office used mobile direction finding techniques to locate the source of
interference to the residence of John Melcer in New Castle, Pennsylvania. The agent
monitored the radio transmissions on the frequency 146.025 MHz from Melcer’s amateur
radio station and observed the following violations:
a.
47 C.F.R. § 97.119(a): “Each amateur station, except a space station
or telecommand station, must transmit its assigned call sign on its
transmitting channel at the end of each communication, and at least
every 10 minutes during a communication, for the purpose of clearly
marking the source of the transmissions from the station known to
those receiving the transmissions. No station may transmit
unidentified communications or signals, or transmit as the station
call sign, any call sign not authorized to that station.” On November
19, 2009 between 7:00 p.m. and 8:15 p.m., John Melcer made
numerous unidentified transmissions on the frequency 146.025 MHz.
b.
47 C.F.R. § 97.101(d): “No amateur operator shall willfully or
maliciously interfere with or cause interference to any radio
communications or signal.” The transmissions from John Melcer’s
station caused harmful interference to communications in progress
on the 146.625 MHz/146.025 MHz repeater (Call Sign WA3VRD).


147 C.F.R. § 1.89.

Federal Communications Commission

c.
47 C.F.R. § 97.113(b): “An amateur station shall not engage in any
form of broadcasting, nor may an amateur station transmit one-way
communications except as specifically provided in these rules…”
On November 19, 2009 between 7:00 p.m. and 8:15 p.m., John
Melcer broadcasted music and one-way communications on the
frequency 146.025 MHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and
Section 1.89 of the Commission's Rules, John Melcer must submit a written statement
concerning this matter within twenty (20) days of release of this Notice. The response
must fully explain each violation, must contain a statement of the specific action(s) taken
to correct each violation and preclude recurrence, and should include a time line for
completion of pending corrective action(s). The response must be complete in itself and
signed by John Melcer. All replies and documentation sent in response to this Notice
should be marked with the File No. and NOV No. specified above, and mailed to the
following address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to John Melcer at his address of record.
5. The Privacy Act of 19743 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply,
to determine what, if any, enforcement action is required to ensure compliance. Any
false statement made knowingly and willfully in reply to this Notice is punishable by fine
or imprisonment under Title 18 of the U.S. Code.4
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau


247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.
2

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