Click here for Adobe Acrobat version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.



   September 11, 2009

   Mr. Donald R. Ellis

   (address withheld)

   Sioux Falls, SD 57103

   Re: Amateur Radio License KB0TVP

   Warning Notice


   Dear Mr. Ellis:

   The owner/operator of KB0IXM has requested, by certified letter, that you
   refrain from use of his repeater. The written request was issued as a
   result of your failure to follow operational rules set forth by the
   licensee/control operator of the repeater for his users. You were
   previously issued several verbal requests to refrain from using the
   repeater, but failed to comply with those requests necessitating the
   formal written request. You did not accept the certified letter, but did
   acknowledge on air on August 19, 2009, that you understood that you were
   not to be using the KB0IXM repeater while asking if there were other
   repeaters in the area that you could use.

   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 owner/operator that you stay off of KB0IXM - and any other similar
   requests to cease operations on any other repeaters by any other repeater
   licensees, control operators or trustees. Use of KB0IXM 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 operate.

   Moreover, Section 1.5 of the Commission's rules mandates that every
   licensee "furnish the Commission with an address to be used by the
   Commission in serving documents or directing correspondence to that
   licensee." I note that this letter is being hand delivered to you by the
   Fargo, North Dakota police department as you are no longer located at the
   address listed in the Commission's ULS database. You have ten (10) days
   from the date of receipt of this letter to update the information in the
   Commission's ULS database to reflect your new address. You may contact me
   at 717-338-2577 should you have any questions regarding this matter.


   Laura L. Smith

   Special Counsel

   Cc: St. Paul Resident Agent

   Northeast Regional Director

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

   See 47 C.F.R. S: 1.5.