I'm not saying it's the case here, but many people still assume that an FRTOL 'covers' you for AGCS. In fact it doesn't; you still need to possess a Certificate of Competence to operate an Air/Ground radio station which needs to be signed by the radio station licence holder, so maybe this guy hasn't got the requisite C of C?
I am an authorised examiner by the way, but this is always a bit of a 'grey' area.