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November 21, 2016

Mr. Dale A. Abbott

PO Box 431

712 Highland Avenue

Lexington, MO 64067


Amateur Radio License KC0KGS


Dear Mr. Abbott:

On November 8, 2016, the Commission received a complaint regarding the operation of

your amateur station. The complaint alleges that you transmitted on frequencies designated for

the Lexington Fire Department. The Lexington Fire Department has contacted the

Commission and asked us to remind you that your continued operation outside the scope

of your station class constitutes a violation of our rules.

Operation of radio transmitting equipment outside of authorized frequencies is a

violation of Section 301 of the Communications Act of 1934, as amended,1 and may

subject the responsible parties to substantial monetary forfeitures,2 in rem arrest action

against the offending radio equipment, and criminal sanctions including imprisonment.3

Because unlicensed operation creates a danger of interference to important radio

communications services and may subject the operator to severe penalties, this warning

emphasizes the importance of complying strictly with these legal requirements. This

unauthorized operation of your amateur radio station must cease immediately.

Your operation as described by the Lexington Fire Department is contrary to the

basis and purpose of the amateur radio service as set out in Section 97.1 of the

Commission’s rules.4 Please be advised that the Commission expects you to abide by its

rules. This letter serves as notice that, if operation of this type reoccurs after receipt of

this letter, you could be subject to severe penalties, including license revocation,

monetary forfeiture (fines), or a modification proceeding to restrict the frequencies upon

which you may operate.

1 47 U.S.C. § 301.

2 Fines normally range from $7,500 to $10,000.

3 See §§ 401, 501, 503, 510.

4 See 47 C.F.R. § 97.1.

You have ten (10) days from the date of receipt of this warning to respond to this

office. The response must contain a statement of the specific action(s) taken to come into

compliance with the Commission’s rules and should include a time line for completion of

pending corrective action(s). You are directed to support your response with a signed

and dated affidavit or declaration under penalty of perjury, verifying the truth and

accuracy of the information submitted in your response. Your response should be

sent to the following address: 1270 Fairfield Road, Gettysburg, Pennsylvania 17325 and

reference the listed case number.


Laura L. Smith, Esq.

Special Counsel

Spectrum Enforcement Division

Enforcement Bureau