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   May 3, 2010

   Mr. Gary G. Gardner

   (Address withheld)

   (City/State withheld)

   Re: Amateur Radio License KB5RKI

   Warning Notice


   Dear Mr. Gardner:

   The trustees of W5FC have requested that you refrain from use of their
   repeaters. The trustees of W5FC attempted to contact you via certified
   letter to request that you refrain from use of their repeaters, but you
   refused service. You were previously issued several requests to refrain
   from using the system, some of the requests occurred as far back as 2007.
   You have consistently failed to comply with those requests necessitating
   the formal written request for Commission action on this matter.

   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 trustees that you stay off of W5FC - and any other similar requests
   to cease operations on any other repeaters by any other repeater
   licensees, control operators or trustees.

   Use of W5FC 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: Dallas Field Office

   South Central Regional Director

   The letter was sent via Certified Mail with a Return Receipt Requested on
   November 5, 2009. On Friday, November 13, 2009, while on air, you were
   asked by Tom General, KE5ICX if you were aware of the letter from the
   Dallas Amateur Radio Club Repeater System requesting that you refrain from
   use of their repeater system. You acknowledged to Mr. General that you
   were aware of the letter, but indicated that you were refusing to pick it
   up from the post office.

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