Click here for Adobe Acrobat version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.




                               Enforcement Bureau

                         Spectrum Enforcement Division

                              1270 Fairfield Road

                      Gettysburg, Pennsylvania 17325-7245


   October 16, 2007

   Todd E. Daugherty

   800 W Main Cross

   Taylorville, IL 62568

   SUBJECT: Amateur Radio license N9OGL; Case #EB-07-SE-371

   WARNING NOTICE and Request for Information

   Dear Mr. Daugherty:

   Information before the Commission indicates that you are operating an
   unlicensed radio station on, among other frequencies, 6.950 and 13.556
   MHz. The information indicates that the signal strength of these
   transmissions exceed the power limit of Part 15 of the Commission's rules
   for unlicensed transmitters. That limit is 30uV/M at 30 Meters.

   Commission radio direction finding signals indicate that such
   transmissions were made form your location on 13.556 MHz at various dates
   in November 2006. This information raises serious questions regarding your
   qualifications to retain an Amateur license. Such unlicensed operation
   would also be a violation of Section 301 of the Communications Act of
   1934, as amended, 18 U.S.C. S: 301, and would subject you to a monetary
   forfeiture (fine) or imprisonment, or both.

   Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. S:
   308(b), gives the Commission the authority to obtain information from
   applicants and licensees about the operation of their station and their
   qualifications to remain a licensee. The Instructions for responding to
   this letter and the Definitions for certain terms used in this letter are
   contained in the attachment hereto. We direct you, pursuant to sections
   4(i), 4(j), 308(b) and 403 of the Communications Act of 1934, as amended,
   47 U.S.C. S:S: 154(i), 154(j), 308(b) and 403, to provide the information
   and documents specified below within 20 calendar days from the date of
   this letter.  Unless otherwise indicated, the period of time covered by
   these inquiries is January 2006 to the present. Accordingly, you are
   requested to respond to this office within 20 days of receipt of this
   letter furnishing the following information.

    1. Have you made radio transmissions on frequencies outside the Amateur
       Radio bands? If so, describe the frequencies, dates and times.

    2. For the dates and times listed above, state what frequencies and what
       transmitter powers were used.

    3. For each date listed in Question 1, describe the manufacture and model
       number of the transmitter used to make the transmissions, and describe
       the antenna used.

    4. For each transmitter listed in your answer to Question 3, furnish a
       copy of the specification sheet for that transmitter and indicate the
       date you obtained the transmitter.

    5. Describe "Omega One Radio" and your relationship, if any, to it.

    6. Have you used the name "Todd O'Dochartaigh N9OGL"? If so, describe the
       circumstances under which you used it and the dates.

    7. Describe "Langley Park Studio" and your relationship, if any, to it.

    8. Have you applied for a low power broadcast license? If so, state the
       date of each application, the name under which you filed, and the file
       number if one was assigned.

   You are directed to support your response with a signed and dated
   affidavit or declaration under penalty of perjury, verifying the truth and
   accuracy of the information submitted in your response.

   To knowingly and willfully make any false statement or conceal any
   material fact in reply to this inquiry is punishable by fine or
   imprisonment. See 18 U.S.C. S: 1001; see also 47 C.F.R. S: 1.17 (copy
   enclosed). Failure to respond appropriately to this letter of inquiry may
   constitute a violation of the Communications Act and our rules.

   In an inquiry of this type we are required to notify you that under the
   Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
   use all relevant information before it, including information that you
   disclose in your reply, to determine what, if any, enforcement action is
   warranted in this matter. Such action may include license revocation,
   suspension of your operator privileges, or monetary forfeiture (fine).
   Fines normally range from $7,500 to $10,000.


   W. Riley Hollingsworth

   Special Counsel


   cc: FCC Northeastern Regional Director

   See SBC Communications, Inc., 17 FCC Rcd 7589 (2002); Globcom, Inc., 18
   FCC Rcd 19893, n. 36 (2003), forfeiture ordered, 21 FCC Rcd 4710 (2006);
   World Communications Satellite Systems, Inc., 19 FCC Rcd 2718 (Enf. Bur.
   2004); Donald W. Kaminski, Jr., 18 FCC Rcd 26065 (Enf. Bur. 2003).