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   September 27, 2010

   Mr. Marshall D. Dias

   (Address withheld)

   (Address withheld)

   Re: Amateur Radio License W0OTM


   Warning Notice

   Dear Mr. Dias:

   The trustee of W0IW has requested, via a verbal request issued on
   September 3, 2010, that you refrain from use of the repeater. The request
   was issued as a result of your failure to follow operational rules set
   forth by the licensee/control operators of the repeater system for its
   users. You were previously issued several requests to refrain from using
   the systems, but failed to comply with them necessitating the request for
   Commission intervention. You have failed to comply with the formal written
   request as well as you were heard and recorded operating on the system
   more than a dozen times by the control operator and the club president
   since the January 14, 2009, letter was sent.

   The Commission requires that repeaters be under the supervision of a
   control operator and not only expects, but requires, that such control
   operators be responsible for the proper operation of the repeater system.
   Control operators may take whatever steps they deem appropriate to ensure
   compliance with the repeater rules, including limiting the repeater use to
   certain users, converting the repeater to a closed repeater or taking it
   off the air entirely.

   Please be advised that the Commission expects you to abide by the request
   of the control operator that you stay off of W0IW - and any other similar
   requests to cease operations on any other repeaters by any other repeater
   licensees, control operators or trustees.

   Use of W0IW again after receipt of this letter could subject you to severe
   penalties, including license revocation, monetary forfeiture (fine) or a
   modification proceeding to restrict the frequencies upon which you may


   Laura L. Smith

   Special Counsel

   Cc: Kansas City Field Office

   South Central Regional Director

   In an email dated September 17, 2010, Mr. Joe Leto (the trustee) advised
   the Commission that he has requested that you refrain from using his
   repeater over a dozen times and that your response has been to taunt Mr.
   Leto and to state that there is nothing that he can do to stop you from
   using the repeater.

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