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CERTIFIED MAIL RETURN RECEIPT REQUESTED
July 17, 2009
Mr. Michael S. Lovold
3860 Birchwood Road
Duluth, MN 55803
Re: WARNING NOTICE
Amateur Radio Call Sign KC0PDG
EB-09-GB-0094
Dear Mr. Lovold:
By letter dated April 29, 2009, the Commission notified you that it had
received a complaint regarding the operation of your amateur station.
Specifically, the complaint was filed by the St. Louis County Sheriff's
Department and notes that the deputies responded to a call about a
possible suicidal individual. According to the responding deputies, during
the encounter you spoke to them on public safety frequencies using a
handheld radio. These communications were without authority and were not
the result of an emergency necessitating use of public safety frequencies
as other means of communication were readily available.
You responded to the Commission's letter on July 6, 2009. In that letter,
you acknowledged that the police were called to your residence on that
evening; you further indicated that your recollection of that evening was
unclear as you had been drinking alcohol and using narcotics. You do admit
to owning a handheld radio, you acknowledge that it is the same type of
handheld radio as identified in the police report and you concede that you
may have used your handheld during the altercation with the police. In
your letter, you note that you are sorry for what happened and indicate
that you have voluntarily entered a chemical treatment facility seeking
help.
Your operation as described above 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
Cc: Chicago Field Office
Northeast Regional Director
47 C.F.R. S: 97.403
You were originally provided twenty (20) days within which to respond. You
failed to do so. The Commission notified you by letter dated June 17,
2009, that if you failed to respond to the Commission's letter, you could
be subject to enforcement actions. You responded on July 6, 2009.
See 47 C.F.R. S: 97.1.
Fines normally range from $7,500 to $10,000.