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   October 5, 2009

   Mr. Michael S. Winston

   (Address withheld)

   Newark, Arkansas 72562

   Re: Warning Notice

   Amateur Radio License KE5TKP


   Dear Mr. Winston:

   The owner/trustee of KD5AYE has requested, by letters dated July 1, 2009,
   September 7, 2009 and September 16, 2009 that you refrain from use of the
   KD5AYE repeater system. The written requests were issued as a result of
   your failure to follow operational rules set forth by the licensee/control
   operator of the repeater system for its users. You were previously issued
   several verbal requests to refrain from using the system, but failed to
   comply with them necessitating the formal written requests. You have
   failed to comply with the formal written requests and have been heard
   operating on the repeater since the last letter was sent.

   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/trustee that you stay off of the KD5AYE repeater system - and
   any other similar requests to cease operations on any other repeaters by
   any other repeater licensees, control operators or trustees.

   Use of the KD5AYE repeater system 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.


   Laura L. Smith

   Special Counsel

   Cc: New Orleans Field Office

   South Central Regional Director

   You were verbally advised by John Godfrey, President of the Batesville
   Area Radio Club and David Norris, trustee of the Batesville repeater
   system to cease operations on the KD5AYE repeater system.

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