There is probably nothing you can say or do, short of turning him in, to deter him.
What he is doing is illegal under part 95 of the FCC regulations. You may only have your Tx on when you are using it for it's intended purpose. Check the RC sections for more.
http://www.access.gpo.gov/nara/cfr/w...7cfr95_00.html
TITLE 47--TELECOMMUNICATION
COMMISSION (CONTINUED)
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart B--Family Radio Service (FRS)
Sec. 95.191 (FRS Rule 1) Eligibility and responsibility.
Source: 61 FR 28768, June 6, 1996, unless otherwise noted.
General Provisions
(a) Unless you are a representative of a foreign government, you are
authorized by this rule to operate an FCC certified FRS unit in
accordance with the rules in this subpart. No license will be issued.
(b) You are responsible for all communications that you make with
the FRS unit. You must share each channel with other users.
No channel
is available for the private or exclusive use of any user.
Sec. 95.212 (R/C Rule 12)
What communications are prohibited?
You must not use an R/C station--
(a) In connection with any activity which is against federal, state
or local law;
(b) To transmit any message other than for operation of devices at
remote locations (no voice, telegraphy, etc.);
(c) To intentionally interfere with another station's transmissions;
[[Page 531]]
(d) To operate another R/C transmitter by remote control (See R/C
Rule 17, Sec. 95.217); or
(e) To transmit two-way communications.
(f) To transmit data. Tone or other signal encoding, however, is not
considered to be data when only used either for the purpose of
identifying the specific device among multiple devices that the operator
intends to turn on/off, or the specific sensor among multiple sensors
intended to turn on/off indicating device for the operator.
[48 FR 24890, June 3, 1983, as amended at 54 FR 8336, Feb. 28, 1989; 54
FR 20476, May 11, 1989]
Sec. 95.214 (R/C Rule 14)
Who is responsible for R/C communications I make?
You are responsible for all communications which are made by you
from an R/C station.
Sec. 95.218 (R/C Rule 18)
What are the penalties for violating these rules?
(a) If the FCC finds that you have willfully or repeatedly violated
the Communications Act or the FCC Rules, you may have to pay as much as
$10,000 for each violation, up to a total of $75,000. (See Section
503(b) of the Communications Act.) (b) If the FCC finds that you have violated any section of the
Communications Act or the FCC Rules, you may be ordered to stop whatever
action caused the violation. (See section 312(b) of the Communications
Act.)
(
c) If a federal court finds that you have willfully and knowingly
violated any FCC Rule, you may be fined up to $500 for each day you
committed the violation. (See section 502 of the Communications Act.)[[Page 532]]
(d) If a Federal court finds that you have willfully and knowingly
violated any provision of the Communications Act, you may be fined up to
$10,000, or you may be imprisoned for one year, or both. (See section
501 of the Communications Act.)
[48 FR 24890, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]