[TNham] FCC letter to WR3S

[Greg Williams]

Looks like it's getting interesting over in Nashville area.

http://www.fcc.gov/eb/AmateurActions/files/KIMBR07_07_14_1099.html

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   1

                       FEDERAL COMMUNICATIONS COMMISSION

                               Enforcement Bureau

                         Spectrum Enforcement Division

                              1270 Fairfield Road

                      Gettysburg, Pennsylvania 17325-7245

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   July 9, 2007

   John C. Kimbrough

   597 Foxfire Court

   Murfreesboro, TN 37129

      SUBJECT: WARNING  NOTICE  and  NOTIFICATION OF REMOVAL OF AUTOMATIC
                  CONTROL PRIVILEGES: WR3S REPEATER OPERATION

                              Case #EB-2007-3018 

   Dear Mr. Kimbrough:

   By letter dated April 10, 2007, we notified you that monitoring
   information before the Enforcement Bureau indicated that on various dates
   in March 2007, your repeater stations operated without proper control and
   re-broadcast portions of commercial TV programming and music, contrary to
   the Commission's rules regarding the Amateur Radio Service. The monitoring
   information also shows that operators on your system failed to identify
   properly and used false call signs.

   Our letter warned you that the Commission requires that repeaters be under
   the supervision of a control operator and not only expects, but requires,
   control operators to be responsible for the proper operation of the
   repeater system. Control operators must take whatever steps are
   appropriate to ensure compliance with the rules, including limiting the
   repeater use to certain users, converting the repeater to a closed
   repeater or taking it off the air entirely. Repeaters bearing your call
   sign are your responsibility. Your decision to operate repeaters was a
   voluntary one and you are responsible for any rule violations occurring on
   those repeaters. Finally our letter requested detailed information from
   you about the operation and configuration of your repeaters.

   The information you provided to the Commission apparently indicates that
   you are operating 12 repeaters under your call sign, on the following
   frequencies: 145.170, 145.370; 146.955, 147.360, 223.960, 224.160,
   224.360, 224.560, 224.620, 224.660, 224.760, and 224.980 MHz, and that you
   have used at least ten control operators. The rebroadcast of commercial
   programming, improper identification and lack of identification by end
   users, and your own transmissions over your repeater that can be
   reasonably be interpreted as threats to complainants, indicate your
   inability or unwillingness to control your own repeater stations.
   Furthermore, the failure of all ten of your control operators to prevent
   or eliminate these violations is inexcusable, especially in view of the
   wide scale linking of these repeaters.

   You will shortly receive a directive from the Atlanta office of the
   Commission removing the automatic control privileges of your repeater
   systems, pursuant to Section 97.109(d) of the Commission's rules, 47
   C.F.R. S: 97.109(d). This means that you may not operate ANY repeater
   stations under your call sign unless you are the control operator and at
   the control point at all times to make certain that Commission rules are
   being followed and that no interference is occurring. When you are unable
   to function as the control operator of the stations identifying with your
   call sign, they may not transmit.

   Finally, failure to control stations bearing your call sign, or any
   communications over your repeaters not complying with Commission rules,
   will result in enforcement action against your license. That enforcement
   action may include a forfeiture (fine) or revocation and suspension of
   your Amateur license, or modification of your Amateur license to remove
   voice privileges. Any threats, direct or indirect, made to complainants or
   perceived complainants over your repeaters by your users, will result in
   revocation proceedings against your Amateur license.

   We remind you again that establishing a repeater station is a voluntary
   decision, and that such stations are no different from any other Amateur
   station in regard to obligations presented by the Commission's rules
   regarding the Amateur Service, nor do they confer any additional
   privileges.

   Finally, the information you submitted conflicts with the records of the
   regional frequency coordinator, and it is not clear which repeaters
   operate with your call sign as the identifier, and which repeaters
   identify with other call signs but list you as trustee. We strongly
   recommend that you review the number of repeaters you are attempting to
   manage and operate, and that you make sure your actual repeater operations
   conform to the regional frequency coordinator's records.

   Sincerely,

   W. Riley Hollingsworth

   Special Counsel

   cc: FCC South Central Regional Director


-- 

Gregory S. Williams
gregwilliams(at)knology.net
k4hsm(at)knology.net

http://www.etskywarn.net
http://www.twiar.org
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