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   September 3, 2010

   Mr. Charles A. Hathaway

   (address withheld)

   (address withheld)


   Amateur Radio License W8ROX


   Dear Mr. Hathaway:

   In March of 2010, the Commission received several complaints of
   interference to the Century Club Net operating on 3902 KHz. At my request,
   staff at the Commission's monitoring station began investigating in order
   to determine the location of the interference. Over the next month, the
   staff at the monitoring station confirmed that the interference was taking
   place and used their direction finding equipment to determine that the
   signal was coming from a location north of Athens, Ohio. The Commission's
   Detroit Field Office was notified and they began a field investigation
   into the matter. On July 21, 2010 at approximately 10:20 PM, the field
   agents heard an audible transmission interrupt the ongoing Century Club
   Net. They began using their vehicle's direction finding equipment to
   determine the location of the offending party. At 12:40 AM, they had a
   positive DF to a beam antenna located at (address withheld). At that time,
   they knocked on the door and attempted to inspect the station. No one
   answered the door. They returned the next day at 4:21 PM and inspected the

   During the inspection, you indicated to the agents that you were unaware
   that your station had been transmitting during the time in question
   because you had been having problems with your push to talk button getting
   turned on accidentally. As part of the inspection, the agents took
   pictures of your equipment, including a close up of your push to talk
   button and its relative position to your microphone and the rest of your
   equipment. Your argument that you were unaware that your station had been
   transmitting during the time in question because of this problem with your
   push to talk button is unpersuasive. One of the Commission's field agents
   specifically noted in his report that your push to talk button is not
   located on or near the rest of your equipment as it is strung through the
   handle of your desk drawer and away from the desk top where the remainder
   of your equipment is located. Moreover, according to the agents, the push
   to talk button appeared to be in working order during the inspection.

   Your operation as described above, and verified by the Commission's field
   staff, is contrary to the basis and purpose of the amateur radio service
   as set out in Section 97.1 of the Commission's rules and a violation of
   Section 97.101(d). 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
   (fines), or a modification proceeding to restrict the frequencies upon
   which you may operate.


   Laura L. Smith

   Special Counsel

   Enforcement Bureau

   Cc: Detroit Field Office

   Northeast Regional Director

   See 47 C.F.R. S:S: 97.1 and 97.101(d).

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