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   July 22, 2009

   Mr. Warren Whitney

   215 Cumberland Road

   North Yarmouth, ME 04097


   Amateur Radio License KD1ZY


   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

   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.


   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.