06/09/2022

The Federal Communications Commission (FCC) has proposed a $34,000 fine against
Jason Frawley of Lewiston, Idaho, for allegedly interfering with radio
operations of the U.S. Forest Service during firefighting activities for the
Johnson Creek Fire near Elk River in July 2021. The FCC issued a Notice of
Apparent Liability for Forfeiture (NAL[1]) on June 8, 2022 to Frawley. The FCC
states in the NAL that Frawley holds an Extra-class Amateur Radio Service
license, WA7CQ, and is the owner/operator of Leader Communications LLC,
licensee of eight microwave licenses and one business license.

The FCC alleged in the NAL that "On July 17, 2021, using his amateur hand-held
radio, Frawley transmitted five (5) times, and on July 18, 2021, Frawley
transmitted three (3) times on frequencies allocated and authorized for
government use, apparently causing harmful interference with his apparently
unlawful transmissions."

The frequencies with which Frawley is alleged to have interfered were being
used to coordinate firefighting crews from the U.S. Forest Service and Idaho
Department of Land to fight the 1,000-acre Johnson Creek Fire, including the
communications between fire suppressant aircraft and ground crews.

The NAL includes details of the Forest Service's complaint and the FCC's
investigation. On July 18, 2021, the Johnson Creek fire operations section
chief drove to the Elk River airstrip and hanger where Frawley, who had
disclosed his location, was found holding a radio next to a banner that read,
"Leader Communications." Frawley admitted to transmitting on government
frequencies and identifying himself as "comm tech." He argued that he was not
trying to cause interference but instead was transmitting to provide
information to the fire fighters.

"[A]t no time was I trying to disturb any other communications or air traffic.
I was honestly just giving them information I had since I have been working on
the butte since the early 90's . . . " wrote Frawley in his October 15, 2021
response to a Letter of Inquiry from FCC Special Counsel Laura Smith.

The FCC however concluded that "Frawley's admitted unauthorized transmissions
on frequencies for which he did not have a license had the potential to cause
substantial harm to life and property."

The FCC held that Frawley, by his own admission, apparently willfully and
repeatedly violated the Commission's rules when he made eight separate radio
transmissions on a frequency for which he did not have a license. The FCC
stated that unauthorized transmissions on frequencies licensed to public safety
entities using those frequencies to respond to emergencies also constitutes a
violation of Section 333 of the Communications Act of 1934, as amended.

A news release[2] from the FCC states that the fine is the largest of its kind
proposed. "The Communications Act prohibits such interference with authorized
radio communications and the Commission takes very seriously any interference
with public safety communications," said the FCC. In a separate statement[3],
FCC Chairwoman Jessica Rosenworcel added, "You can't interfere with public
safety communications. Full stop. So today we propose the largest fine of its
type for this interference that put fire suppression and public safety itself
at risk."

[1] https://www.fcc.gov/document/fcc-proposes-fine-interrupting-communications-during-wildfire
[2] https://www.fcc.gov/document/fcc-proposes-fine-interrupting-wildfire-suppression-communications
[3] https://www.fcc.gov/document/fcc-proposes-fine-interrupting-communications-during-wildfire/rosenworcel-statement

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