CERTIFIED MAIL – RETURN RECEIPT REQUESTED


March 23, 2018

Ms. Michelle Lael Norsworthy
(Address withheld)
(Address withheld)


	Re:	WARNING NOTICE
Amateur Radio License KM6JLR
		EB-FIELDNER-17-00025804
		

Dear Ms. Norsworthy:

By letter dated December 20, 2017, the Commission notified you that it had received a complaint concerning the operation of your amateur radio station.  The complaint alleged that you were deliberately interfering with other amateurs in your area in violation of Section 97.101(d) of the Commission’s rules.  

You responded to the Commission’s letter on March 17, 2018, via email.  In that email you admit “to interfering with other amateurs,” but argue that you were “being constantly disrespected due to [your] androgynous voice.”  You further claim that you are only guilty of “interference with cause” because the members of the Net were trying to “humiliate” you by referring to you with “masculine pronouns.”  

In its original complaint, the San Francisco Auxiliary Communications Service (ACS), provided undersigned counsel with a recording of the incident and signed affidavits from the Net control operator, Barb Herndon and the scribe for the Net, Tom Gregg.  In her affidavit, Ms. Herndon explained that during the Net, you deliberately tied up the repeater by making disparaging remarks and using profane language hindering the Net’s ability to communicate.  Ms. Herndon notes that when the ACS Chief, Lawrence Lin, offered to speak with you off-line to discuss your issue with the Net, your behavior escalated.  Mr. Gregg, in his affidavit, notes that your on-air behavior created a “public safety hazard” because use of the repeater by priority traffic “would have been impaired.”  Because of your on-air behavior, the control operator of the repeater being used shut down the repeater and the Net was forced to move to a simplex frequency.    

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).
  According to your March 18th email, you specifically admit to causing deliberate interference to the Net in an effort to prevent the Net control, Ms. Herndon, from successfully holding the Net.  Moreover, despite your assertion that you were causing “interference with cause,” Ms. Herndon’s affidavit suggests that the Net attempted to discuss your issue with you off-line and you refused.  Instead, you elected to belittle members of the ACS and to use profanity when addressing them.  Given the above, your argument that you were justified in causing deliberate interference to the Net is wholly without merit.  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