CERTIFIED MAIL - RETURN RECEIPT REQUESTED
January 21, 2012
Mr. John B. Stuart
(Address withtheld)
(Address withheld)
Re: EB-FIELDNER-13-00006421
WARNING NOTICE
Amateur Radio License KD5RDY
Dear Mr. Stuart:
Since early January, you have been heard and recorded communicating
repeatedly on 146.520 MHz with an individual who identifies only as "White
Noise." Mr. John Watkins, aka "White Noise," does not have a license to
operate in the amateur bands. Your communications with him make it clear
that you are aware of this fact, but you continued communicating with him
nonetheless.
Several amateurs in the San Antonio area recorded the offending
transmissions, and provided undersigned counsel with recordings of the
incidents in question. Should you desire a copy of the recordings, they
will be made available to you.
These incidents constitute unauthorized transmissions in violation of the
Commission's rules. Your operation as described above is contrary to the
basis and purpose of the amateur radio service as set out in Section 97.1
and is a violation of Section 97.111(a)(1) of the Commission's rules,
which states in pertinent part "[a]n amateur station may transmit the
following types of two-way communications: [t]ransmissions necessary to
exchange messages with other stations in the amateur service . . . ".^
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),^ or a
modification proceeding to restrict
the frequencies upon which you may operate.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
Cc: Dallas Field Office
South Central Regional Director
^ See 47 C.F.R. SS 97.1 and 111(a)(1).
^ Fines normally range from $7,500 to $10,000.