Captiol Riot Radio

As government agencies go, the FCC is very high-functioning. I believe it comes to them naturally, as a large number of their decisions and functions come from the reality-based, engineering side of the world. Engineering is apolitical. The Nyquist frequency isn't liberal or conservative, it's a mathematical function. Be there no doubt, it gets misused when political hacks like Ajit Pai get nominated. But that's par for the course. Nonetheless the FCC does have a means for making quiet political statements: The enforcement advisory.

On January 17th, 2021 the FCC released a public notice "Warning: Amateur and Personal Radio Services Licensees and Operators May Not Use Radio Equipment to Commit or Facilitate Criminal Acts." The timing here is important as it comes in the aftermath of the insurrection at the capitol. 

Regardless of your political bent, whether you see the people who stormed the capitol building as "protestors" or "terrorists" it is clear that they were premeditated, trained and organized. We have audio recordings, and video and screen captures of what happened. Separate teams  communicated throughout the event via social media: posting, texting, streaming audio and video and frequently using a walkie-talkie app called Zello. [SOURCE]  For the record, Wired did a story in 2016 about the popularity of Zello with both ISIS jihadis and legitimate protesters. So it's continued use should come as no surprise. [SOURCE]

Back on October 16th WNYC broke a story on the use of Zello for recruitment and organizing by far-right, and white supremacist groups. Reporter Micah Loewinger documented over 200 radical right-wing channels on the app, ranging from three percenter gangs and QAnon cult groups to white nationalist militias. Note:  all of these groups appear to violate the app's terms of service. Zello for their part falls on a free-speech defense and put out a press release stating the following:

"Zello allows speech protected by the US constitution and law. Therefore, Zello does not permit distribution of content designed to incite violence.  Zello does not permit promotion of terrorist groups identified by the United Nations."

So while we wait for the United Nations to classify these racist militias as "terrorists" there comes a likelihood that Zello will be face some real consequences for their inaction on this topic as they've been getting warnings for at least 5 years. In response to the WNYC story Zello booted 2,000 radical right-wing channels, and changes their terms of service to ban militias. So what forum is left for these poor gun-toting bigots?  Not ham radio says the FCC. Two days later the FCC rebukes the would-be insurrectionists of the future not to use radio to organize.

"The Bureau has become aware of discussions on social media platforms suggesting that certain radio services regulated by the Commission may be an alternative to social media platforms for groups to communicate and coordinate future activities. The Bureau recognizes that these services can be used for a wide range of permitted purposes, including speech that is protected under the First Amendment of the U.S. Constitution. Amateur and Personal Radio Services, however, may not be used to commit or facilitate crimes. Specifically, the Bureau reminds amateur licensees that they are prohibited from transmitting “communications intended to facilitate a criminal act” or “messages encoded for the purpose of obscuring their meaning.” 47 CFR § 97.113(a)(4). 

This section applies to both amateur radio and PRS (Personal Radio Services) a category that includes Citizens Band radios, Family Radio Service walkie-talkies, and General Mobile Radio Service.  It states "Under prohibited transmissions the FCC includes "communications intended to facilitate a criminal act; messages in codes or ciphers intended to obscure the meaning thereof..."  Penalties for violating  47 CFR § 95.333(a) are subject to severe penalties, including significant fines, equipment seizure and criminal prosecution.