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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 13, 2013
Mr. Edward A. Evitt
(Address withheld)
(Address withheld)
Re: EB-FIELDNER-13-00007099
WARNING NOTICE
Amateur Radio License N9AWP
Dear Mr. Evitt:
In early January 2013, you were sent an Official Observer (OO) notice
concerning your activity on the 146.700 repeater in Indianapolis. As a
result of your on air behavior on the 146.700 repeater, you were banned
from further use of that repeater via a letter dated January 13, 2013. You
then moved to the 147.435 repeater located in Anderson, Indiana, where you
continued to engage in unacceptable on air behavior resulting in the OO
generating and sending yet another OO notice. On January 19, 2013, upon
receipt of the second OO notice, you were heard and recorded while on air
making very serious threats against the OO who had sent you the two
notices. Indeed, your on air behavior was so outrageous that a harassment
complaint was filed with the Indianapolis Metro Police regarding the
incident.
Several Official Observers (OOs) recorded the offending transmissions, and
provided undersigned counsel with recordings of the incidents in
question. Should you desire a copy of the recordings, they will be made
available to you.
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 97.113(a)(4) of the Commission's rules, which states in pertinent
part "no amateur station shall transmit: obscene or indecent words or
language."^ 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: Chicago Field Office
Northeast Regional Director
^ See 47 C.F.R. S 97.1 and 97.113(a)(4).
^ Fines normally range from $7,500 to $10,000.