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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 22, 2009
Mr. William J. Didonna
735 Memorial Drive
Chicopee, MA 01020
Re: WARNING NOTICE
Amateur Radio License NE1Z
EB-09-GB-0196
Dear Mr. Didonna:
By letter dated July 1, 2009, the Commission notified you that it had
received several complaints concerning the operation of your amateur radio
station. The complaints allege that you transmitted obscene or indecent
words or language in violation of Section 97.113(a) (4) of the
Commission's rules. The letter further noted that in addition to
complaints from other licensees, the staff at the Commission's monitoring
station heard and recorded you engaging in the above-referenced behavior.
A copy of all of the recordings made by the Commission's staff was sent to
you for your review.
You responded to the Commission's letter on July 15, 2009. In that letter,
you acknowledge that you spend "ninety percent" of your time operating on
3.910, the frequency in question. You further note that the conversations
at 3.910 get "bad" at times and these types of conversations are regular
occurrences. You indicated, however, that after listening to the
recordings, you could not specifically recall any of those QSO's and claim
not to recognize your voice. You further mention that you believe the
individuals providing the complaints to the Commission are after you
because they do not "like" you when others at 3.910 are guilty of using
the same language and engaging in the same behavior.
Your argument that it is not you on the recordings is unpersuasive. One of
the Commission's field agents used the Commission's direction finding
equipment at our monitoring station on the dates in question to determine
the location of the offending parties. He then recorded the offenses and
reported such offenses to undersigned counsel. He specifically identified
you, William Didonna of Chicopee, Massachusetts (call sign NE1Z), as one
of the offending parties and provided undersigned counsel with recordings
of the conversations in question.
Your operation as described above, and recorded by the Commission's 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. 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: Boston Field Office
Northeast Regional Director
In your response, you question who wrote the phrase "Didonna's tapes" on
the copy of the recordings that you received. That was done by undersigned
counsel.
See 47 C.F.R. S: 97.1.
Fines normally range from $7,500 to $10,000.