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CERTIFIED MAIL RETURN RECEIPT REQUESTED

October 28, 2016

Mr. Donald W. Nissley

5300 Patterson Road

Baldwin, Maryland 21013

Re: WARNING FOR UNLICENSED RADIO OPERATION

EB-FIELDNER-16-00022839

Dear Mr. Nissley:

It has come to the attention of the Federal Communications Commission that you

have recently made radio transmissions in the amateur radio bands, for which a license is

required. A search of the Commission’s database indicates that the call sign previously

licensed to you, K3IAX, expired in 2009.

Operation of radio transmitting equipment without a valid FCC authorization 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.

UNAUTHORIZED OPERATION OF THIS RADIO STATION MUST CEASE

IMMEDIATELY.

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.



1 47 U.S.C. § 301.

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

3 See §§ 401, 501, 503, 510.

In an inquiry of this type we are required to notify you that under the Privacy Act

of 1974, 5 U.S.C. § 552a(e)(3), the Commission’s staff will use all relevant information

before it, including information you disclose in your reply, to determine what, if any,

enforcement action is warranted in this matter.

Sincerely,

Laura L. Smith, Esq.

Special Counsel

Spectrum Enforcement Division

Enforcement Bureau