Here are six tips to consider:
. . . First: Don't panic!
. . . Second: Don't freeze!
The list in full is presented below . . .
- Don't panic.
The fact that you received the Notice of Violation doesn't conclusively mean you've done something wrong, but it does mean the FCC has serious questions about you and/or the radio system cited.
- Don't freeze.
Like being served with a law suit, you must fully answer the Notice of Violation or risk what amounts to a default judgment against you, and the FCC sending you a Notice of Apparent Liability. A Notice of Apparent Liability is, essentially, a bill for violation(s) that can cost you many thousands of dollars.
What else can the FCC do? They can order you to shut down your radio system, or cancel your operator's license. If you fail to follow an FCC order, the Commission may refer the case for arrest and criminal prosecution.
- Determine, EXACTLY, when your written response to the Commission is due.
The due date, or the number of days you'll have to respond will be printed on the face of the Notice. That's the day the response is due at the Commission...NOT the day you put the response in the mail. Your failure to respond when required can subject you to fines and/or shutdown orders.
- Read the Notice VERY carefully. Then go back and read it again.
Determine EXACTLY what you're being accused of...and when! It might be that you're not the right party based on the alleged violation, or the date or time of the alleged violation might be your defense. For example,were you were cited on a date or time when the radio system was not in operation, or not operating in violation of the Commission's rules.
- 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 an accuracy-of-response standpoint, and from the equally important standpoint of not incriminating yourself unnecessarily.
- If you don't know how to respond to an FCC notice, get qualified help RIGHT NOW.
Scroll back up and re-read points 1 and 2 of this list. Remember, you owe the Commission a written response within a certain number of days, so every day you delay is a day lost. The quality, accuracy, and effectiveness of your written response will likely decrease as the due-date gets closer...and you get more nervous.
If you have legal counsel to deal with FCC matters, we recommend you contact your lawyer immediately. If you don't, perhaps we can assist you.
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If you'd like to retain legal counsel to represent you in an FCC Notice of Violation or a Notice of Apparent Liability matter, the Kramer Telecom Law Firm may be able to help.
The focus of our practice is in telecommunication law and FCC administrative practice. The firm's attorney, Jonathan Kramer has been involved with radio frequency engineering for over 30 years. Mr. Kramer's professional credentials may be viewed by CLICKING HERE.
There is no charge for an initial consultation with Mr. Kramer (up to 30 minutes). You can reach our firm on (310) 312-9900, or toll-free on 1-866-KramerLaw (1-866-572-6375). Mr. Kramer's extension is 121.
If you'd like to send an electronic message to Mr. Kramer, please CLICK HERE.
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The information provided on the Kramer Telecom Law Firm, P.C. web site is for general interest only. That information may not reflect current legal developments or recent court decisions. No content on this site should be relied upon or construed as legal advice.Each matter is factually unique. For more specific, comprehensive and up-to-date information, or for help with particular actual situations, you are advised to seek the legal opinion of an licensed attorney at law.
The sending or receipt of this information does NOT create an attorney-client relationship between us. Communications to or from Kramer Telecom Law Firm via this web site or email do NOT create an attorney-client relationship. An attorney-client relation is only created by mutual assent, and memorialized in a written retainer agreement. Do NOT send us confidential information via this website or e-mail without first speaking with Mr. Kramer in person or by telephone and obtaining his written authorization to do so.
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