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   November 19, 2013

   Mr. Brian T. Duddy

   (Address withheld)

   Central Nyack, New York 10960

   Re: Amateur License N2BTD

   Warning Notice


   Mr. Duddy:

   Since January of 2013, the Commission has received multiple notifications
   from the Official Observer (OO) program that you have been operating
   outside of your station class, in the so-called "freeband." Indeed,
   according to the OOs, you have been sent several OO Advisories explaining
   that you were not authorized to be operating in that band, but you have
   continued to do so. Since you have continued to operate out of band, the
   OOs 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 in the so-called "freeband" is

   Operation of radio transmitting equipment outside of authorized
   frequencies is a violation of Section 301 of the Communications Act of
   1934, as amended,^ and may subject the responsible parties to substantial
   monetary forfeitures,^ in rem arrest action against the offending radio
   equipment, and criminal sanctions including imprisonment.^ 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.


   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.

   In an inquiry of this type we are required to notify you that under the
   Privacy Act of 1974, 5 U.S.C. S 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.


   Laura L. Smith, Esq.

   Special Counsel

   Cc: Philadelphia Field Office

   Northeast Regional Director

   ^ 47 U.S.C. S 301.

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

   ^ See SS 401, 501, 503, 510.