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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
September 3, 2010
Mr. Charles A. Hathaway
(address withheld)
(address withheld)
Re: WARNING NOTICE
Amateur Radio License W8ROX
EB-10-GB-0104
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
station.
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.
Sincerely,
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.