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1
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
May 29, 2007
Donald R. Ellis
913 N St Paul Avenue
Sioux Falls, SD 57103
RE: Warning Notice: Amateur Radio License KB0TVP
Dear Mr. Ellis:
The licensees of the W0MXW and K0RGR repeater systems have requested in
writing that you refrain from use of the repeaters. The letter was issued
as a result of your failure to follow operational rules set forth by the
licensee/control operators of the repeater systems for their users. You
were previously requested verbally to refrain from using the system, but
have apparently ignored both verbal and written requests.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, such control
operators and licensees to be responsible for the proper operation of the
repeater system. Control operators may take whatever steps are appropriate
to ensure compliance with the repeater rules, including limiting the
repeater use to certain users, converting the repeater to a closed
repeater or taking it off the air entirely.
Please be advised that we expect you to abide by the request to stay off
the W0MXW and K0RGR repeaters and any other such request by a repeater
licensee, control operator or trustee. If you use the repeaters again
after receipt of this letter, we will initiate enforcement action against
your license, which may include revocation, monetary forfeiture (fine) or
a modification proceeding to restrict the frequencies on which you may
operate KB0TVP. Also please be advised that use of the output frequency of
the repeaters to interfere with their operation would be considered
deliberate interference. There are numerous frequencies available to you
for simplex operation.
Additionally, allegations of interference by you to the Olmstead County
EOC repeater, W0EAS, will be the subject of a separate inquiry.
Please call me at 717-338-2502 if you have any questions about this
matter.
Sincerely,
W. Riley Hollingsworth
Special Counsel
cc: FCC Northeastern Regional Director