CERTIFIED MAIL – RETURN RECEIPT REQUESTED
May 31, 2017
Mr. Jerry D. Buchanan
(Address withheld)
(Address withheld)
Re: WARNING NOTICE
Amateur Radio License W5KAW
EB-FIELDNER-17-00024013
Dear Mr. Buchanan:
By letter dated April 5, 2017, the Commission notified you that it had received a 
complaint concerning the operation of your amateur radio station.  The complaint alleged 
that you transmitted obscene or indecent words or language in violation of Section 
97.113(a) (4) of the Commission’s rules.  
You responded to the Commission’s letter on April 13, 2017.  In that letter, you 
argue that “ALL language is protected under the Constitution of the United States of 
America!”  You further claim that you have been working with a field agent who asked 
you to “help the FCC” by being “the birddog on 7.200 MHz to make the unidentified 
keep talking so the FCC can direction find these people . . .”  in order to “build a case 
against them.”
Your argument that your language was protected speech is unpersuasive.  Section 
97.113(a)(4) of the Commission’s rules specifically states that “no amateur station shall 
transmit . . .obscene or indecent words or language . . . “
1
  Additionally, your claim that 
you have been working with a field agent as part of an investigation into 7.200 MHz is 
wholly without merit.  No agent of the Federal Communications Commission has asked 
you to assist with any ongoing investigation.  
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.
2
  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 
1
  See 47 C.F.R. § 97.113(a)(4).
2
  See 47 C.F.R. § 97.1.
subject to severe penalties, including license revocation, monetary forfeiture (fines),
3
 or a 
modification proceeding to restrict the frequencies upon which you may operate.  
  
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Spectrum Enforcement Division
Enforcement Bureau
3
   Fines normally range from $7,500 to $10,000.