According to the FCC, the incident involved efforts by an Auxiliarist to contact the sailing vessel Elke-Marie after a storm rendered the boat's VHF marine radio non-operational. The vessel had working Amateur Radio gear, however. When the Auxiliary member attempted to contact the S/V Elke-Marie on behalf of the Coast Guard, using a VHF amateur radio repeater on Catalina Island, "Gerritsen began speaking and transmitting a prerecorded message," according to the FCC.
Although the Auxiliarist radio operator asked Gerritsen to cease operating, he continue to transmit on the frequency for about 40 minutes, accusing the Auxiliarist of declaring a sham emergency in an effort to jam Gerritsen's transmissions. Within 90 minutes of the incident, FCC agents tracked a signal on the repeater's input frequency to Gerritsen's residence.
"Gerritsen's apparent willful and malicious interference with the radio communications of the Coast Guard Auxiliary officer who was attempting to communicate with a ship in distress is egregious," said FCC Los Angeles District Office District Director Catherine Deaton. "According to the evidence, Gerritsen knowingly operates, without a license, radio transmission equipment."
In its notice to Gerritsen, the FCC alleged that he continued to transmit "despite repeated warnings and requests to vacate the frequency."
FCC records show that Gerritsen has been fined several times for interfering with government-licensed radio communications. In the latest incident, Geritsen was fined $21,000, bringing the total fines imposed against him to $52,000. Gerritsen has previously briefly spent time in jail on a state conviction for interfering with public safety radio communications.
Gerritsen has claimed that the FCC improperly rescinded his amateur radio license without holding a hearing.
The American Radio Relay League, the national association of radio amateurs, has called upon the FCC Enforcement Division to intervene with the U.S. Attorney's office in the case, saying that malicious interference atttributed to Gerritsen has continued. The ARRL asks that "procedures other than monetary forfeitures be brought to bear."
The Communications Act requires that all radio stations give "absolute priority" to radio communications or signals relating to ships in distress.
Hundreds of amateur radio operators in southern California have repeatedly complained to authorities about Gerritsen's alleged "jamming" activities during the past several years.
The United States Coast Guard Auxiliary is composed of uniformed, non-military volunteer civilians who assist the Coast Guard in all of its varied missions, except for military and direct law enforcement. These men and women can be found on the nation's waterways, in the air, in classrooms and on the dock, performing Maritime Domain Awareness patrols, safety patrols, vessel safety checks and public education.
The United States Coast Guard Auxiliary was founded in 1939 by an Act of Congress as the U.S. Coast Guard Reserve and re-designated as the Auxiliary in 1941. Its 35,000 members donate millions of hours annually in support of Coast Guard missions.
