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FCC's Hollingsworth to Retire in January 2008

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  • Hank Greeb
    from: http://www.arrl.org/news/stories/2007/10/24/102/?nc=1 FCC s Riley Hollingsworth to Retire in January 2008 Riley Hollingsworth, Special Counsel in the
    Message 1 of 5 , Oct 24, 2007
      from: http://www.arrl.org/news/stories/2007/10/24/102/?nc=1


      FCC's Riley Hollingsworth to Retire in January 2008

      Riley Hollingsworth, Special Counsel in the FCC's Enforcement Bureau,
      announced his retirement this week, effective Friday, January 3, 2008.
      While his successor has not been named, Hollingsworth was quick to point
      out that the FCC's Amateur Radio enforcement program will continue.

      Hollingsworth told the ARRL: "After about a year of thinking about the
      'if not now, when?' question, I decided to retire January 3. I love
      working for the FCC and I've always had great jobs, but this one
      involving the Amateur Radio Service has been the most fun and I have
      enjoyed every day of it. For nine years I've worked with the best group
      of licensees on earth, enjoyed your support and tremendous FCC support
      and looked forward every day to coming to work. The Amateur Radio
      enforcement program will continue without missing a beat, and after
      retirement I look forward to being involved with Amateur Radio every way
      I can. I thank all of you for being so dedicated and conscientious, and
      for the encouragement you give us every day."

      Speaking at the New England Division Convention in August 2000,
      Hollingsworth offered his 10 personal suggestions to secure a sound
      future for Amateur Radio </arrlletter/00/0901/rileys10.html>,
      encouraging amateurs to "seize the moment" to ensure a bright future for
      Amateur Radio. "Look beyond enforcement," he urged, "because if I do my
      job right, in five years you won't even remember my name." Hollingsworth
      said that while no one can predict the future, amateurs must invent
      theirs in an era of converging digital and RF technology. "There is no
      reason why our Amateur Radio Service can't be the envy of the rest of
      the world," he said. Getting there, he suggested, comes with each
      amateur's taking responsibility for his or her behavior on the air.
      Amateurs should encourage arrogant, negative operators to "take their
      anger and hate to the Internet," he said. "Every minute they are on the
      Internet is a minute they aren't on Amateur Radio."

      ARRL Chief Operating Officer Harold Kramer, WJ1B, said, "Riley
      Hollingsworth has been a tremendous supporter of and asset to the
      Amateur Radio Service. He will be remembered as being the force behind
      the re-introduction of Amateur Radio enforcement in 1998 and continuing
      those efforts through today. His contribution in cleaning up the amateur
      bands has been substantial and effective. While we are very sorry to see
      him go, and we wish him every continued success.
    • k8mhz@k8mhz.com
      I sure hope his successor does a better job at enforcement than he has! Remember, K1MAN still has an active license and was heard playing a recording on 20
      Message 2 of 5 , Oct 24, 2007
        I sure hope his successor does a better job at enforcement than he has!
         
        Remember, K1MAN still has an active license and was heard playing a recording on 20 meters over and over during Hurricane Katrina, in spite of being fined (and not paying) $21,000 dollars for violating a variety of FCC rules.  http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.pdf
         
        I can cite many other reasons why I don't think Hollingsworth has done well during his tenure with the FCC with 40 of them being located between 26.965 and 27.205 MHz.
         
        I am not the only one that feels this way.  I would hazard to guess that Bill Crowell has little respect for Hollingsworth's legal prowess either.  Bill, W6WBJ, formerly N6AYJ, has locked horns with Hollingsworth over Hollingsworth's allegedly unsubstantiated and therefore un-provable accusation that Bill was illegally interfering with people on the air.  Read Bill's response to the accusation here: (Be forewarned that Bill has a very keen wit and makes me look like a church mouse when it comes to standing one's ground.)
         
         
        I exchange e-mails with Bill every now and then and even though he pinned Hollingsworth to the mat and Hollingsworth ended up granting Bill a lifetime amateur radio license, Bill admits that the above linked letter was done in a fit of anger and in retrospect wishes he would have been a bit more gracious and less verbose in telling Hollingsworth where to stick it.  The letter has been floating around the Internet for a few years now and has gained Bill quite a bit of attention and, I am just guessing, it may be such attention he perhaps would rather do without.  Bill is an attorney practicing in California and seems to be *very* knowledgeable about the law, something I wish Hollingsworth could be accurately accused of for all of our collective sakes.
         
        A life time license you say???  Yes, and even more shocking is that Glen Baxter, K1MAN, possibly the biggest rule violator in the history of ham radio also has a life time license now due to Hollingsworth's apparent lack of knowledge of the rules.  If you want proof of the active licenses, check the ULS database and look at Glen's license. http://wireless2.fcc.gov/UlsApp/UlsSearch/license.jsp?licKey=234404  You will see that it is expired, yet look at the box marked 'Status'.  It reads 'Active'.  The same goes for Bill, W6WBJ. http://wireless2.fcc.gov/UlsApp/UlsSearch/license.jsp?licKey=2801726  You see, it appears to me that Hollingsworth thought the easiest way to deal with both Glen, K1MAN and Bill, W6WBJ was to simply not renew their licenses rather than have the unsavory task of sparring with them in a court room and when expiration time came, and they would simply cower and go away.  Hollingsworth apparently overlooked the rule that states that, if all the paperwork is filed on time and the proper fees are paid and no renewal to operate is granted, the operator in question may operate indefinitely until his or her license revoked and such revocation has not happened in either case. 
         
        Another illustration for the reason for my resentment toward Hollingsworth is his stance that we should 'lighten up' and not contact the FCC with our complaints (I refer all of you to page 34 of the August 2007 issue of CQ magazine) which makes me feel he is asking us for him to be able to collect his pay with as little work as possible.   Also on that page in which I refer all of you to,  Mr. Hollingsworth states, and I quote, "We are not the greatest nation on Earth.  We think we are but we aren't, and we aren't the greatest people.  Look at the evening news for about a week if you don't realize that.  And think about what the rest of the world sees going on in America.  What we are is this:  We are rude, self-important, cell-phone yapping, road raging and stressed out monsters behind the wheel.  And all to often behind the microphone. You are increasingly calling upon the FCC too much to solve your problems." 
         
        Hollingsworth has also stated that it is OK to intentionally interfere with unlicensed operators using import CB radios on the 10 meter band, since he alleges that such operators have "no signal to interfere with".  Well, if they have no signal to interfere with, they also have no signal to make a complaint against.  You may want to check Part 97 about this.  It is quite clear that, according to Part 97, it is illegal to interfere with any radio communications or signal and there is no exception to this rule based upon the signal coming from an un-licensed operator. In fact, there is no exception at all to this rule.  See Part 97.101(d).
         
        The role that Hollingsworth's replacement must fulfill has to be done by a hard working person very knowledgeable about the law as the FCC just can't just revoke licenses and put the burden of proof of worthiness upon the operator as I once suggested on QRZ.  Here is why, and I quote W6WBJ from an e-mail he sent me concerning the issue:
         
        "For your edification, please let me inform you that in 1972 the U.S. Supreme Court held, in the case of Perry v. Sindermann 408 U.S. 593, that no governmental entity can condition or withdraw the grant of a license based upon any unconstitutional premise (i.e, makes no difference whether the reason is denial of due process, denial of free speech, violation of the right against unreasonable search and seizure, etc.)

        The Supreme Court held in the Perry case that the government doesn't have to adopt regulations or statutes authorizing the issuance of licenses in the first place if it doesn't want to, but if it does authorize their issuance, it must do so in a manner consistent with the Constitution.

        Just thought you might want to know.

        Your friend, Bill Crowell, W6WBJ
        (He Of The Perpetual Right To Operate)"
         
        By now I am sure that all of you are saying to yourselves, "Wow, what a diatribe!"  Before any of you consider this an unwarranted attack on Mr. Hollingsworth please take the time to listen to, without children in the room, what is transmitted on CB Channel 20 in Muskegon, 14.275 USB in the later afternoons and various frequencies on 75 meters after dark.  Also visit http://www.davemade.com/.  The FCC has known about this site for years.  Look at this site: http://www.premiere-electronics.net/store/texasranger.html.  Look close at the radio.  Is FM legal on the citizen's band?  Radios like these are sold openly on a daily basis with impunity.  Look at what is sold on eBay.  And let's not forget about the BPL issue.  Additionally, how many modern devices sold every day interfere with our bands and the FCC just looks the other way?  Dimmer switches, aquarium heaters, battery chargers, electric blankets and new television sets just to name a few.  Those of us that have been involved with radio for a number of years know that the FCC would have never allowed such violations in the past.  Is it fair to blame Hollingsworth for erosion of enforcement of FCC rules in the last few years?  If not, then who other than the head of that commission's enforcement division?

        I sure hope that the FCC finds someone to replace Hollingsworth that loves the land we live in, respects it's people, is capable of and will actually do the job for a change.
         
        Life on the radio should get pretty interesting come February.  Let's hope it gets better, and not worse.
         
        73
         
        Mark K8MHZ
         
         
         
         
         
         
        ----- Original Message -----
        Sent: Wednesday, October 24, 2007 05:08
        Subject: [WestMichiganHams] FCC's Hollingsworth to Retire in January 2008


        from: http://www.arrl. org/news/ stories/2007/ 10/24/102/ ?nc=1

        FCC's Riley Hollingsworth to Retire in January 2008

        Riley Hollingsworth, Special Counsel in the FCC's Enforcement Bureau,
        announced his retirement this week, effective Friday, January 3, 2008.
        While his successor has not been named, Hollingsworth was quick to point
        out that the FCC's Amateur Radio enforcement program will continue.

        Hollingsworth told the ARRL: "After about a year of thinking about the
        'if not now, when?' question, I decided to retire January 3. I love
        working for the FCC and I've always had great jobs, but this one
        involving the Amateur Radio Service has been the most fun and I have
        enjoyed every day of it. For nine years I've worked with the best group
        of licensees on earth, enjoyed your support and tremendous FCC support
        and looked forward every day to coming to work. The Amateur Radio
        enforcement program will continue without missing a beat, and after
        retirement I look forward to being involved with Amateur Radio every way
        I can. I thank all of you for being so dedicated and conscientious, and
        for the encouragement you give us every day."

        Speaking at the New England Division Convention in August 2000,
        Hollingsworth offered his 10 personal suggestions to secure a sound
        future for Amateur Radio </arrlletter/ 00/0901/rileys10 .html>,
        encouraging amateurs to "seize the moment" to ensure a bright future for
        Amateur Radio. "Look beyond enforcement, " he urged, "because if I do my
        job right, in five years you won't even remember my name." Hollingsworth
        said that while no one can predict the future, amateurs must invent
        theirs in an era of converging digital and RF technology. "There is no
        reason why our Amateur Radio Service can't be the envy of the rest of
        the world," he said. Getting there, he suggested, comes with each
        amateur's taking responsibility for his or her behavior on the air.
        Amateurs should encourage arrogant, negative operators to "take their
        anger and hate to the Internet," he said. "Every minute they are on the
        Internet is a minute they aren't on Amateur Radio."

        ARRL Chief Operating Officer Harold Kramer, WJ1B, said, "Riley
        Hollingsworth has been a tremendous supporter of and asset to the
        Amateur Radio Service. He will be remembered as being the force behind
        the re-introduction of Amateur Radio enforcement in 1998 and continuing
        those efforts through today. His contribution in cleaning up the amateur
        bands has been substantial and effective. While we are very sorry to see
        him go, and we wish him every continued success.


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        Checked by AVG Free Edition.
        Version: 7.5.488 / Virus Database: 269.15.6/1086 - Release Date: 10/22/2007 7:57 PM
      • Bill
        Mark and Others: Oftentimes it seems that folks who whine about a situation seem to think that long winded explanations will somehow be more persuasive. I,
        Message 3 of 5 , Oct 26, 2007
          Mark and Others:

          Oftentimes it seems that folks who whine about a situation seem to
          think that long winded explanations will somehow be more persuasive.
          I, too, could be characterized as verbose. Maybe even in this
          message? In this context I wonder how mentioning irrelevant junk
          helps persuade one's audience? For example, if a ham is asked about
          his activities on a ham frequency, how does a diatribe on the
          Clinton/Lewinski fiasco clarify or answer the question? I tried to
          read that six land ham's novel. Endless drivel forced on the FCC guy.
          Sad

          It seems that some folks like to hear themselves talk and don't seem
          to notice the bandwidth. I'm similarly guilty?

          I have no long history with amateur radio. I similarly have no
          experience with enforcement. I have listened to the noise on twenty
          meters and I don't frequent seventy-five meters because of the
          language. I choose to use the Big knob or the power button. I'm
          happy that someone (Hollingsworth comes to mind) is out there to take
          the knocks, wade through the nonsense purported to be an explanation,
          and at least try to help his amateur radio hobby. I'm not one to try
          to find the gray areas or chase the obtuse. I'll leave that to others.

          "I can cite many other reasons why I don't think Hollingsworth has
          done well during his tenure with the FCC with 40 of them being located
          between 26.965 and 27.205 MHz." This is a pretty good example of
          irrelevance passed off as explanation. How does the CB band factor
          into amateur radio, Hollingsworth's enforcement efforts, and the
          general wellbeing of ham radio? How does CB radio effect my hobby,
          amateur radio? Irrelevant?

          And I don't really care if Hollingsworth is an attorney. I'm sure if
          he is not an attorney he can ask the lawyer types at the FCC for
          council. He's probably got one on speed dial.

          It seems quite easy for a ham to stay in the mainstream and enjoy the
          hobby. Why test the edges? Mainstream too boring?

          Now if there is a way for a ham to get a "lifetime license" then more
          power to them. If something like that were important then I'd chase a
          British ham license. Good forever. Might even be a lot easier or at
          least less stressful on a ham's reputation.

          "Dimmer switches, aquarium heaters, . . . to name a few." Over the
          past few years I have read copies of FCC correspondence to neighbors
          of hams who have been advised, by the FCC, that their devices are
          interfering with local hams. Several. How is the FCC not doing
          something? Have they not weighed in on your particular behalf? And
          does the ARRL have a department that can be asked for advise? Sort of
          takes some of the load off the FCC? I, for one, don't want those
          folks at the FCC to have to deal with EVERY aquarium heater problem.
          If I were to suffer such annoyance I suggest that I'm the one to
          initiate dialog with the owner of the offending device. I've heard of
          several instances where a ham can install a filter and easily resolve
          the problem. Cheap and quick? And I found the answer on the internet
          without bothering the FCC. Oh, you say it is my God given right as a
          taxpayer to pester the federal government? Efficient use of resources?

          My thanks to Riley Hollingsworth for all his service. I, for one, am
          not applying for the job opening. My skin is too thin.

          Bill, AB8SC
        • k8mhz@k8mhz.com
          Based upon the response I got when Hank and I had a debate on the reflector a while back I am going to answer each point of Bill s counter off line. If anyone
          Message 4 of 5 , Oct 26, 2007
            Based upon the response I got when Hank and I had a debate on the reflector a while back I am going to answer each point of Bill's counter off line.  If anyone would like a copy I think I speak for both of us that we would be glad to provide you with one.
             
            I can nearly always count on either Bill or Hank to bring me to a point - counterpoint debate and that is what keeps me on my toes!  I truly thank them for taking the time to address the issues I bring forth.
             
            With that, I am going to QSY to Bill's e-mail address.
             
            73
             
            Mark K8MHZ
             
            ----- Original Message -----
            From: Bill
            Sent: Friday, October 26, 2007 08:10
            Subject: [WestMichiganHams] Re: FCC's Hollingsworth to Retire in January 2008

            Mark and Others:

            Oftentimes it seems that folks who whine about a situation seem to
            think that long winded explanations will somehow be more persuasive.
            I, too, could be characterized as verbose. Maybe even in this
            message? In this context I wonder how mentioning irrelevant junk
            helps persuade one's audience? For example, if a ham is asked about
            his activities on a ham frequency, how does a diatribe on the
            Clinton/Lewinski fiasco clarify or answer the question? I tried to
            read that six land ham's novel. Endless drivel forced on the FCC guy.
            Sad

            It seems that some folks like to hear themselves talk and don't seem
            to notice the bandwidth. I'm similarly guilty?

            I have no long history with amateur radio. I similarly have no
            experience with enforcement. I have listened to the noise on twenty
            meters and I don't frequent seventy-five meters because of the
            language. I choose to use the Big knob or the power button. I'm
            happy that someone (Hollingsworth comes to mind) is out there to take
            the knocks, wade through the nonsense purported to be an explanation,
            and at least try to help his amateur radio hobby. I'm not one to try
            to find the gray areas or chase the obtuse. I'll leave that to others.

            "I can cite many other reasons why I don't think Hollingsworth has
            done well during his tenure with the FCC with 40 of them being located
            between 26.965 and 27.205 MHz." This is a pretty good example of
            irrelevance passed off as explanation. How does the CB band factor
            into amateur radio, Hollingsworth' s enforcement efforts, and the
            general wellbeing of ham radio? How does CB radio effect my hobby,
            amateur radio? Irrelevant?

            And I don't really care if Hollingsworth is an attorney. I'm sure if
            he is not an attorney he can ask the lawyer types at the FCC for
            council. He's probably got one on speed dial.

            It seems quite easy for a ham to stay in the mainstream and enjoy the
            hobby. Why test the edges? Mainstream too boring?

            Now if there is a way for a ham to get a "lifetime license" then more
            power to them. If something like that were important then I'd chase a
            British ham license. Good forever. Might even be a lot easier or at
            least less stressful on a ham's reputation.

            "Dimmer switches, aquarium heaters, . . . to name a few." Over the
            past few years I have read copies of FCC correspondence to neighbors
            of hams who have been advised, by the FCC, that their devices are
            interfering with local hams. Several. How is the FCC not doing
            something? Have they not weighed in on your particular behalf? And
            does the ARRL have a department that can be asked for advise? Sort of
            takes some of the load off the FCC? I, for one, don't want those
            folks at the FCC to have to deal with EVERY aquarium heater problem.
            If I were to suffer such annoyance I suggest that I'm the one to
            initiate dialog with the owner of the offending device. I've heard of
            several instances where a ham can install a filter and easily resolve
            the problem. Cheap and quick? And I found the answer on the internet
            without bothering the FCC. Oh, you say it is my God given right as a
            taxpayer to pester the federal government? Efficient use of resources?

            My thanks to Riley Hollingsworth for all his service. I, for one, am
            not applying for the job opening. My skin is too thin.

            Bill, AB8SC


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            Checked by AVG Free Edition.
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          • Bill
            I welcome the opportunities! I enjoy a good debate in most formats. Thanks! And, yes, it has been my experience that our conversations are infrequently
            Message 5 of 5 , Oct 26, 2007
              I welcome the opportunities! I enjoy a good debate in most formats.
              Thanks!

              And, yes, it has been my experience that our conversations are
              infrequently inappropriate for all audiences. No flames or amber
              light wars, here.

              Bill, AB8SC
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