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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 31, 2014
Mr. Daniel G. Churovich
(Address withheld)
Ripley, TN 38063
Re: WARNING NOTICE
Amateur Radio License N9RSY
EB-FIELDNER-14-00014749
Dear Mr. Churovich:
On Friday, March 28, 2014, you were heard by staff at the Commission's
High Frequency Direction Finding (HFDF) Center communicating repeatedly on
14.313 MHz with an individual who you identify only as "cowboy." This
individual failed to provide his call sign during your conversation, a
fact that you were aware of as you repeatedly demanded that he provide his
name, call sign and location. Despite being aware of the rule violation on
the part of this other individual, you continued communicating with him
for an extended period of time.^
This incident constitutes unauthorized transmissions in violation of the
Commission's rules. Your operation as described above is contrary to the
basis and purpose of the amateur radio service as set out in Section 97.1
and is a violation of Section 97.111(a)(1) of the Commission's rules,
which states in pertinent part "[a]n amateur station may transmit the
following types of two-way communications: [t]ransmissions necessary to
exchange messages with other stations in the amateur service . . . ".^
There is no evidence that the individual with whom you were communicating
with on March 28^th was an amateur radio operator as he failed to provide
his call sign as required by Commission rules. 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, Esq.
Special Counsel
Enforcement Bureau
Cc: Atlanta Field Office
South Central Regional Director
^ The Commission employee used direction finding equipment and confirmed
the transmissions were coming from your location. The employee recorded
the offending transmissions, and provided undersigned counsel with
recordings of the incident in question. Should you desire a copy of the
recording, one will be made available to you.
^ See 47 C.F.R. SS 97.1 and 111(a)(1).
^ Fines normally range from $7,500 to $10,000.