You positively asserted that they can only fine unencrypted traffic. You positively asserted that by definition, encrypted traffic could not be decoded to assign fines. By the logic of your comment, the FCC must decode the encrypted broadcasts to assign fines, which is false. They don't care what the broadcast contained. It violated RF restrictions. It gets fined if detected.

If you believe your comment implies anything else, you're going to have to explain your argument in more words than "it clearly does not imply that" because if it clearly implied what you claim, we wouldn't be arguing about what it "actually" means.