UNAUTH ILLEGAL USE OF ATC LCL GND CTL FREQ. VIOLATION FARS. VIOLATION FCC REGS.

Narrative

AT XX58 PM; THE SAC LCL CTLR HEARD AN UNIDENTIFIED VOICE HAIL AN ACFT IN THE ARPT TFC PATTERN. THE VOICE CALLED ITSELF 'BASE STATION' AND TOLD SMA X TO CHANGE TO FREQ 122.85. SMA X REPLIED WITH 'ROGER.' SOON THEREAFTER; THE VOICE TOLD SMA X TO 'DISREGARD 122.85; BASE STATION DOESN'T HAVE 122.85.' WHEN SMA X WAS SAFELY ON THE GND AND TAXIING ON GND CTL FREQ; AN UNIDENTIFIED VOICE CALLED TO SMA X 'NICE LNDG.' FSS SPECIALIST AT XY15 PM ENGAGED AN INDIVIDUAL AT THE BASE OF SAC TWR IN CONVERSATION. THIS MAN IDENTIFIED HIMSELF AS MR X; SACRAMENTO; CA. MR X SAID THAT HE WAS TALKING TO HIS BROTHER IN SMA X BY USING HIS HAND-HELD RADIO. HE RELATED THAT; ALTHOUGH HE KNEW IT WAS WRONG; HE FELT THAT TALKING TO HIS BROTHER WHILE IN THE AIR WOULD BE NEAT. SUPPLEMENTAL INFO FROM ACN 251114: MY BROTHER WAS FLYING FROM WVI TO SAC. I WAS AT SAC WAITING FOR HIS ARR WITH A NEW HAND-HELD ACFT RADIO WHICH I WANTED TO TEST OUT. I HAVE AN ACFT LICENSE FOR THE RADIO. WHEN THE PLANE WAS 10 MI OUT FROM THE ARPT ON APCH; I BRIEFLY TRIED TO CONTACT HIS SMA ON TWR FREQ 119.5; I DID NOT TALK OVER ANY OTHER PLT OR THE CTL TWR. I BRIEFLY REQUESTED THAT HE CHANGE HIS FREQ TO 122.85 (COORD OF ACFT AND GND STATION). BECAUSE HE ONLY HAD 1 RADIO ON THE PLANE; HE WAS NOT ABLE TO CHANGE CHANNELS SINCE HE NEEDED TO STAY IN CONTACT WITH THE CTL TWR. I THEN ATTEMPTED NO FURTHER RADIO COM WITH HIM. AT THE TIME I DID THIS; I THOUGHT IT WOULD BE PERMISSIBLE TO BE ABLE TO USE THE TWR FREQ TO BRIEFLY REQUEST THE PLT TO CHANGE TO ANOTHER CHANNEL; WHICH WOULD ALLOW GND COM. SAC FSS TOOK MY NAME AND ADDRESS AND RPTED ME TO THE FCC.