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June 23, 2017

Mr. Jerry W. Materne

(Address withheld)

(Address withheld)


Amateur Radio License KC5CSG


Dear Mr. Materne:

By letter dated May 3, 2017, the Commission notified you that it had received a

complaint concerning the operation of your amateur radio station. The complaint alleged

that you were deliberately interfering with other amateurs in your area in violation of

Section 97.101(d) of the Commission’s rules.

You responded to the Commission’s letter on May 22, 2017. In that letter, you

argue that you “are not causing interference to anyone in this area” but admit that you “do

operate simplex on their output” despite having been advised by the trustee of the local

repeater that you are not to use that repeater. You further claim that you have “monitored

people on the [repeater] using [your] call.”

On June 22, 2017, the Commission received an additional complaint regarding

your on-air behavior. The new complaint alleges that on June 21, 2017, in response to

the imminent landfall of Tropical Storm Cindy, the trustee of the local repeater attempted

to conduct an emergency Net. The complaint notes that during that Net, you deliberately

tied up the repeater hindering the Net’s ability to coordinate weather Warnings and Alerts

on behalf of the National Weather Service. When the Net switched to a different repeater

to avoid the deliberate interference, you began broadcasting on the output frequency of

that repeater, again preventing the Net from coordinating weather Warnings and Alerts.

Section 97.101(d) of the Commission’s rules states that “[n]o amateur operator

shall willfully or maliciously interfere with or cause interference to any radio

communication or signals.”


Contrary to your assertion that you “are not causing

interference to anyone in this area,” the Assistant Director, Delta Division of the

Louisiana Section of the Amateur Radio Relay League, using direction finding


47 C.F.R. § 97.101(d).

techniques, tracked the signal of the interfering party to your home and has affirmed such

to undersigned counsel. Moreover, according to your May 22


filing, you specifically

admit to operating on the output frequency of the repeater. On June 22, 2017, when the

trustee of the local repeater attempted to hold an emergency Net, your continuous

broadcasting on the output frequency of that repeater prevented the trustee from

successfully holding the Net. Further, when the Net moved to avoid your deliberate

interference, you followed them and again began broadcasting on the output frequency.

Given the above, your argument that you have not been causing deliberate interference to

other amateurs in your area is wholly without merit. Your operation as described above

is a violation of Section 97.101(d) and is contrary to the basis and purpose of the amateur

radio service as set out in Section 97.1 of the Commission’s rules.


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



or a modification proceeding to restrict the frequencies upon which you may



Laura L. Smith, Esq.

Special Counsel

Spectrum Enforcement Division

Enforcement Bureau


See 47 C.F.R. §§ 97.1; 97.101(d).


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