Big bills at 'Best Wok'

The FCC has affirmed a $10,000 fine against a now-closed New Jersey restaurant and its owner for alleged unlicensed operation of a radio transmitter on 2 meters.

The Commission's action strongly defended amateur
spectrum against unlicensed intruders. In a Memorandum Opinion and Order (MO&O) released February 9, the Commission denied a Petition for Reconsideration from Pang Cheng, doing business as Best Wok restaurant in Westville.

In 2004, the FCC issued a Notice of Apparent Liability (NAL) in the case, which involved operation of a so-called long-range cordless telephone on 145.8376 MHz. Best Wok, the FCC says, failed to respond to the NAL. But it did reply to the subsequent Forfeiture Order (NoF), arguing that its unlicensed operation was unintentional and minor and caused minimal interference. The FCC disagreed, noting that the unlicensed operation generated a number of complaints from amateur licensees.

"Any use of Amateur Service frequencies for business communications creates a great potential for harmful interference to authorized Amateur communications," the FCC said in the MO&O, signed by FCC Enforcement Bureau Chief David H. Solomon. "We must take strong action against such use because failure to do so would only encourage others to engage in the same conduct."

The FCC also denied Best Wok's claim that its unlicensed operation was unintentional. The FCC had warned the restaurant in 2001 and again in 2003 that operation of transmitting equipment without a license violated the
Communications Act and could lead to penalties.

In 2003, FCC agents from Philadelphia tracked the 2-meter signal to the restaurant and inspected the radiotelephone equipment, used to communicate between the restaurant and a vehicle. The eatery's manager said Best Wok had stopped using the long-range cordless telephone after the FCC's 2001 Warning Notice. But, the FCC says, the manager admitted that the restaurant resumed using the long-range cordless telephone after another communication system proved inadequate

Source: ARRL Letter - courtesy of The American Radio Relay League

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