CERTIFIED MAIL–RETURN RECEIPT REQUESTED
August 20, 2001
Timothy M. Smith
RFD 3 Box 3695
Skowhegan, ME 04976
Subject: Warning Notice: Amateur Radio License: WA1HLR
Dear Mr. Smith:
The Commission has reviewed monitoring information from your station on July 26 and 27, 2001 on 3.885 MHz. The transmissions from your station indicate an alarming lack of understanding of the basis and purpose of the Amateur Radio Service. The transmissions are characterized by sound effects such as belching, coughing directly into the microphone, and sound effects of other bodily functions probably best left undescribed. Furthermore, the repeated transmission of "testicle-ing" is not only juvenile but absurd as well.
There is no place in the Amateur Radio Service for the conduct reflected in the transmissions. It degrades the Service for other users and will not be tolerated. Please review Sections 97.1 (basis and purpose of Amateur Radio), 97.101 (general standards) and 97.113 (prohibited transmissions) of the rules.
Section 308(b) of the Communications Act of 1934, as amended, gives the Commission the authority to obtain information from a licensee regarding the operation of his station. Accordingly, you are requested to respond to this letter within 20 days of its date. Please be advised that if this type of operation is not corrected, we will take enforcement action against your license, ranging from proceedings to restrict your operation to non-voice modes to designation of your renewal application for an administrative hearing to determine whether it should be granted.
Tape recordings of the transmissions described above are available should you need to review them. Finally, you may also wish to review Section 95 of our rules, which sets forth other, less regulated, radio services available to you.
W. Riley Hollingsworth
Special Counsel, Amateur Radio