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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 22, 2009
Mr. Warren Whitney
215 Cumberland Road
North Yarmouth, ME 04097
Re: WARNING NOTICE
Amateur Radio License KD1ZY
EB-09-GB-0194
Dear Mr. Whitney:
By letter dated June 26, 2009, the Commission notified you that it had
received numerous complaints regarding the operation of your amateur
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 indicate that you have no memory of the evenings in question as you
have been on heavy pain medication for leg problems, but you did
acknowledge that it was indeed your voice that was recorded by the
Commission's staff on the dates in question. In addition, you conceded
that listening to the recordings made you "sick" and that given the
extreme language used during the various conversations, you should not
operate your radio while under the influence of narcotics. In your letter,
you state that you are sorry for what happened and note that you will
refrain from operating your station air while you are taking your
medications.
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: Boston Field Office
Northeast Regional Director
See 47 C.F.R. S: 97.1.
Fines normally range from $7,500 to $10,000.