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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
October 5, 2009
Mr. Michael S. Winston
(Address withheld)
Newark, Arkansas 72562
Re: Warning Notice
Amateur Radio License KE5TKP
EB-09-GB-0266
Dear Mr. Winston:
The owner/trustee of KD5AYE has requested, by letters dated July 1, 2009,
September 7, 2009 and September 16, 2009 that you refrain from use of the
KD5AYE repeater system. The written requests were issued as a result of
your failure to follow operational rules set forth by the licensee/control
operator of the repeater system for its users. You were previously issued
several verbal requests to refrain from using the system, but failed to
comply with them necessitating the formal written requests. You have
failed to comply with the formal written requests and have been heard
operating on the repeater since the last letter was sent.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, that such control
operators be responsible for the proper operation of the repeater system.
Control operators may take whatever steps they deem 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 the Commission expects you to abide by the request
of the owner/trustee that you stay off of the KD5AYE repeater system - and
any other similar requests to cease operations on any other repeaters by
any other repeater licensees, control operators or trustees.
Use of the KD5AYE repeater system again after receipt of this letter could
subject you to severe penalties, including license revocation, monetary
forfeiture (fine) or a modification proceeding to restrict the frequencies
upon which you may operate.
Sincerely,
Laura L. Smith
Special Counsel
Cc: New Orleans Field Office
South Central Regional Director
You were verbally advised by John Godfrey, President of the Batesville
Area Radio Club and David Norris, trustee of the Batesville repeater
system to cease operations on the KD5AYE repeater system.
Fines normally range from $7,500 to $10,000.