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   March 13, 2013

   Mr. Edward A. Evitt

   (Address withheld)

   (Address withheld)

   Re: EB-FIELDNER-13-00007099


   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

   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.


   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.