January 22, 2001

CERTIFIED MAIL--RETURN RECEIPT REQUESTED

Mr. Dennis M. Boyle
4672 Fox Moor Lane
Greenwood, IN 46143-9278


        RE: Amateur Radio repeater KB9RRN

Dear Mr. Boyle:

We have received complaints that you are operating an uncoordinated repeater on 146.585 MHz in Johnson County, Indiana, and that your repeater is causing interference to simplex operations on 146.580 MHz. Information indicates that you requested coordination but were declined due to potential interference problems. The complaint further states that you have not been responsive in discussing a solution to the interference problem with complainants.

Under the Amateur Radio Service Band plan, frequencies between 146.40 and 146.58 are generally designated for voice simplex operation. Although band plans are not mandatory, they exist to enhance the required cooperation and sharing of frequencies in the Amateur radio Service (see Section 97.101). Band plans minimize the necessity for Commission intervention in Amateur operations and the use of Commission resources to resolve interference problems. When such plans are not followed, and harmful interference results as alleged here, we expect very substantial justification to be provided and we expect that justification to be consistent with Section 97.101.

Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. Section 308(b), gives the Commission the authority to obtain information from applicants and licensees regarding the operation of their station. Therefore, you are requested to respond to this letter within 20 days from the above date, furnishing the following information.

1). Is your repeater coordinated? If so:
    a). Furnish a copy of the coordination document
b). State the circumstances, if any, under which you are operating the repeater in a manner not consistent with the coordination.

    2). If your repeater is not coordinated, or if it is coordinated but is not being operated in accordance with the coordination, state what, if any, action you have taken to obtain coordination.

    3). Have you received complaints regarding the operation of the KB9RRN repeater? If so:
a). State the details of the complaints, if they were oral, and state what action, if any, you took to resolve them.
b). If the complaints were in writing, state what action, if any, you took in response to the complaints and furnish a copy of each complaint.

    Address your response to 1270 Fairfield Road at the above letterhead address, and please be advised that Congress has made punishable a willfully false or misleading reply to a letter of this type. See Title 18, Section 1001 of the United States Code.

   
                    Sincerely,


                    W. Riley Hollingsworth
                    Special Counsel                                         Enforcement Bureau