Crimes committed with radios

On Jan 17, the FCC issued ENFORCEMENT ADVISORY DA 21-73
"Amateur & Personal Radio Users Reminded Not to Use Radios in Crimes".

In the advisory they mentioned "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 timing of this FCC advisory seemed like it had to be related to the Capitol insurrection on Jan 6 because there were many GMRS, FRS, Baofeng and similar handheld radios seen in the photos.

twitter.com/capitolhunters/status/1363217093148221440?s=21">A coordinated effort on Twitter compiled a few photos from Jan 6 that show Baofeng radios tuned to various frequencies including:

• 147.000 - Amateur Radio Repeater
• 151.370 - VA Forestry and other agencies
• 161.775 - Marine Band CH# 83
• 400.025 - Amateur Radio Satellite
• 438.500 - Amateur Radio ATV
• 462.5625 - FRS CH 1 / GMRS
• 477.985 - TV RF CH 15 **

** NOTE: It's especially perplexing why they would choose to try to communicate on a frequency between the video and audio carriers of a TV station that was probably transmitting with relatively high power levels. Maybe they were unaware, didn't care or thought it might confuse attempts at radio direction finding.

As noted, three of those frequencies are within the Amateur Radio frequency allocation and it would be legal for them to transmit on those frequencies if they had a ham radio license and properly identified themselves with their FCC issued call signs every 10 minutes and at the end of their communications.

In recent months, the Justice Department has unsealed and released the charges against defendants who obstructed, influenced, and impeded Congress's certification of the Electoral College vote on Jan 6,2021. We see several references to the use of radio communications and the 477.985 MHz frequency is mentioned specifically. Below are relevant excerpts.

Case# 21-cr-175 (TJK)

UNITED STATES OF AMERICA v.
ETHAN NORDEAN, also known as "Rufio Panman," JOSEPH BIGGS, ZACHARY REHL, and
CHARLES DONOHOE

the defendants,
ETHAN NORDEAN, JOSEPH BIGGS, ZACHARY REHL, and CHARLES DONOHOE, did knowingly combine, conspire, confederate, and agree with each other and others known and unknown, to commit offenses against the United States, namely, (1) to corruptly obstruct, influence, and impede an official proceeding, that is, Congress's certification of the Electoral College vote

"Obtaining paramilitary gear and supplies-including concealed tactical vests, protective equipment, and radio equipment-for the January 6 attack;"

Using programmable handheld radios, encrypted messaging applications, and other communications equipment to communicate and coordinate the January 6 attack;

Subsequently, REHL, who was travelling to Washington, D.C., on January 5, 2021, stated that he was bringing multiple radios with him, and that there was a person who was planning to program the radios later that evening.

At 9:09 p.m., UCC-1 broadcast a message to the New MOSD and Boots on the Ground channels that read: "Stand by for the shared baofeng channel and shared zello channel, no Colors, be decentralized and use good judgement until further orders" UCC-1 also wrote, "Rufio is in charge, cops are the primary threat, don't get caught by them or BLM, don't get drunk until offthe street." UCC-1 then provided a specific radio frequency of 477.985.

Case No: 21-MJ-195 (ZMF)
UNITED STATES OF AMERICA :
v.
ETHAN NORDEAN, :
also known as "Rufio Panman," : Defendant. :
OPPOSITION TO DEFENDANT'S MOTION TO LIFT STAY ON RELEASE ORDER

The United States of America, by and through the United States Attorney for the District of Columbia, respectfully opposes Defendant's "Motion to Lift Stay on Release Order." (Docket Entry 13) (hereinafter "Def. Motion"). For the reasons stated below, Defendant's motion should be DENIED.
FACTS

Arrangements were made to program and distribute multiple Baofeng5 radios for use by Proud Boys members to communicate during the event. Baofeng is a Chinese communications equipment manufacturer. Baofeng radios can be programmed to communicate on more than1,000 different frequencies, making them far more difficult to monitor or overhear than common "walkie talkie" type radios. Specific radio frequencies were communicated to the Proud Boys

The group led by Defendant arrived at the east side of the Capitol before noon. Several of the men in the group were holding Baofeng radios. Others had them clipped to their belts or jackets. Some had communications earpieces in their ears.

Law enforcement recovered a Baofeng radio from Defendant's home during the execution of a search warrant—the Baofeng radio recovered from Defendant's home was still tuned to frequency that had been communicated to the group.

led the Proud Boys through the use of encrypted communications and military-style equipment,

• On December 27, 2020, Defendant exchanged direct messages via social media with an individual about how best to utilize military-style communications equipment on January
6, 2021.