CERTIFIED MAIL – RETURN RECEIPT REQUESTED


May 23, 2018


Mr. David P. Hogue
(Address withheld)
(Address withheld)


	Re:	WARNING NOTICE
Amateur Radio License KB3APT
		EB-FIELDNER-17-00025059

Dear Mr. Hogue:

On February 6, 2017, the Commission received a complaint regarding interference to a local repeater, K3QY, from an unknown source.   The complaint alleged that an unknown person(s) has been causing deliberate interference to the local repeater by using repetitive and unidentified key ups and sending DTMF tones to prevent other amateurs in the area from using the repeater.  When that did not work, the unknown person(s) progressed to causing voice interference using false call signs.   On April 6, 2018, in response to the continued interference to the local repeater, members of several of the local amateur radio clubs, using direction finding techniques, tracked the signal of the interfering party to your home and has affirmed such to agents from the Federal Communications Commission’s New York Office.  

Section 97.101(d) of the Commission’s rules states that “[n]o amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signals.” 47 C.F.R. § 97.101(d).
  A group of amateurs, using direction finding techniques, tracked the signal of the interfering party to your home and has affirmed such to the Federal Communications Commission.  Your operation as described above is a violation of Section 97.101(d) and is contrary to the basis and purpose of the amateur radio service as set out in Section 97.1 of the Commission’s rules.  See 47 C.F.R. §§ 97.1; 97.101(d).
  

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),   Fines normally range from $7,500 to $10,000.
 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