Dust, Tape, and Signal

FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU — FIELD OPERATIONS

CASE FILE

Case No.: EB-2024-FL-0847

Classification: Unlicensed Radio Operation — Recurring

Subject: Dale R. Otterbein DOB: March 14, 1950 Address: 14220 County Road 242, Laclede County, Missouri 65536

Frequency: 1240 kHz AM Estimated Effective Radiated Power: 0.8 W (variable — see field reports) Violation: 47 U.S.C. § 301 — Operation of radio station without license Also see: 47 C.F.R. § 15.209 (field strength limits, non-licensed operation)

Date Range: August 12, 2016 — present

Assigned Agents:

• Robert J. Toomey, Field Agent, Kansas City District Office (2016-2020, retired)
• Lucia M. Vidal, Field Agent, Kansas City District Office (2021, transferred)
• James A. Ware, Field Agent, Kansas City District Office (2022-present)

Prior Enforcement Actions:

• Notice of Unauthorized Operation (NOUO), issued 09/01/2016
• Notice of Apparent Liability (NAL), $2,400, issued 03/15/2017, PAID
• NAL, $3,200, issued 11/02/2018, PAID
• NAL, $5,000, issued 06/14/2020, PAID
• NAL, $7,500, issued 04/03/2024, OUTSTANDING

Disposition: PENDING — See attached.

I. INITIAL FIELD INSPECTION REPORT

Agent: Robert J. Toomey, GS-12 District: Kansas City Date of Inspection: August 12, 2016 Complaint Reference: IC-2016-KS-4401 (interference complaint filed by KWTO-AM, Springfield, MO, 06/22/2016)

Background

On June 22, 2016, KWTO-AM (560 kHz, Springfield, Missouri) filed an interference complaint (IC-2016-KS-4401) reporting intermittent heterodyne interference on 1240 kHz during routine monitoring of adjacent assignments. KWTO engineering staff identified the interference as a carrier signal of approximately 1240.3 kHz, present during morning hours (approx. 0645-0730 CDT, Monday through Saturday; extended to approx. 0645-0900 CDT on Sundays). The signal was too weak and too far off-frequency to cause meaningful interference to any licensed operation on 1240 kHz. However, KWTO filed the complaint as a matter of record. No licensed station currently operates on 1240 kHz within the affected coverage area.

Field Observations

I departed the Kansas City District Office at 0430 CDT on August 12, 2016, and arrived in Laclede County at approximately 0615 CDT. Laclede County is located in the central Missouri Ozarks, approximately 160 miles south-southeast of Kansas City. The county seat is Lebanon (pop. 14,474, 2010 Census). Terrain is characterized by karst topography — exposed dolomite ridgelines, intermittent sinkholes, and irregular ground conductivity resulting from subsurface limestone dissolution. Ground-wave propagation on AM frequencies in this terrain is poor and unpredictable, with significant signal attenuation along ridge axes and enhanced conductivity in creek bottoms and alluvial flats.

Using mobile direction-finding equipment (Rohde & Schwarz DDF205), I acquired the target signal on 1240.3 kHz at 0638 CDT while traveling south on Route 5, approximately 8 miles north of Lebanon. Signal strength was -72 dBm, consistent with a low-power source at estimated range 10-15 miles. I followed the bearing southeast on Route 64, then south on County Road 242. Signal strength increased steadily. At the intersection of CR 242 and an unnamed gravel access drive, signal strength was -31 dBm, indicating extreme proximity to the source.

The access drive is approximately 0.3 miles long, gravel, single lane, bordered by eastern red cedar (Juniperus virginiana) and second-growth post oak. The driveway terminates at a single-story frame residence, white with green trim, roofing in fair condition, with one attached garage (door open, contents visible: chest freezer, folding table, hand tools). Three outbuildings: a small barn with gambrel roof, partially collapsed on the south face; a concrete-block pump house; and a chicken coop, empty, door wired shut. A 1997 Ford F-150, white, was parked facing the house.

An antenna was visible on the east face of the chimney — approximately 12 feet of copper wire, vertically oriented, with a loading coil at approximately 4 feet above the roofline. The loading coil appeared hand-wound on a PVC form, approximately 3 inches in diameter, 30-40 turns. A ground wire ran from the base of the antenna down the chimney face and connected to a copper ground rod driven into the soil adjacent to the foundation. The installation was weathered but intact.

I approached the front door at approximately 0647 CDT. The broadcast was audible on my portable receiver at this range without amplification. The subject, Dale R. Otterbein, answered the door holding a cup of coffee and a copy of the Lebanon Daily Record, folded to the obituary page. He was wearing a flannel shirt, work trousers, and slippers. He identified himself without prompting and stated, “I figured somebody’d come eventually.”

Equipment Inspection

The transmitter was located on the kitchen table. It consisted of a Ramsey Electronics AM-1 transmitter kit (discontinued, originally marketed for Part 15 compliant operation at <100 mW) that had been significantly modified. The following modifications were observed:

1. The original RF output transistor (2N3904) had been replaced with a component Mr. Otterbein identified as “something from the old KZLR rig.” Visual inspection suggested a 2SC1969 or equivalent power transistor, mounted on an aluminum heat sink affixed to the PCB with machine screws.
2. An additional amplification stage had been added on a separate board, connected to the AM-1 output via coaxial cable (RG-58, approximately 18 inches).
3. The power supply was a modified computer ATX supply providing 12V DC.
4. Audio input was via a microphone (Shure SM58, well-worn) and, for music playback, a portable turntable (Crosley Cruiser, connected via 3.5mm cable to a homemade audio interface).

Mr. Otterbein stated he acquired the Ramsey kit by mail order “around 2004 or 2005” and the KZLR components at a liquidation sale when KZLR-FM (now dark) sold its equipment in 2008. He described the modifications as “trial and error over a couple years.” Soldering quality was inconsistent — several cold solder joints were observed, and at least one connection on the amplifier stage had been repaired with electrical tape and rosin-core solder.

I informed Mr. Otterbein that his station exceeded Part 15 field strength limits and constituted unauthorized operation under 47 U.S.C. § 301. I explained the potential penalties, including forfeiture up to $10,000 per violation per day and equipment seizure. Mr. Otterbein listened without interruption, then stated:

“I understand what you’re telling me. But I read the names so people know. That’s all I do. I read the names.”

Mr. Otterbein declined to sign a voluntary compliance agreement. He stated he would “think about it,” but added, “I’ll be on tomorrow at quarter to seven, same as always.”

Signal Measurements

Field strength was measured at 100 meters from the antenna in four cardinal directions using a calibrated loop antenna:

Part 15 limits for unlicensed AM operation: 24 mV/m at 30 meters (47 C.F.R. § 15.209). The subject’s signal exceeds this limit by a factor of approximately 15-20, depending on direction.

Estimated coverage radius, based on terrain conductivity modeling and measured field strengths: 12-15 miles, with significant variation due to karst topography. Ground-wave propagation follows creek bottoms and alluvial flats preferentially; signal is attenuated by dolomite ridgelines. Residents on opposing sides of the same ridge, equidistant from the transmitter, may experience reception quality differences of 20 dB or more.

Recommendation

Issue Notice of Unauthorized Operation. Begin forfeiture proceedings if operation continues after notice.

Filed: August 19, 2016 R. J. Toomey

II. CORRESPONDENCE FILE (Selected)

FCC Enforcement Bureau to Dale R. Otterbein — September 1, 2016

NOTICE OF UNAUTHORIZED OPERATION

Dear Mr. Otterbein:

On August 12, 2016, an agent of the Federal Communications Commission’s Enforcement Bureau inspected your residence at 14220 County Road 242, Laclede County, Missouri, and determined that you are operating a radio transmitter on approximately 1240 kHz without authorization, in violation of Section 301 of the Communications Act of 1934, as amended (47 U.S.C. § 301).

Section 301 provides that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license granted under the provisions of the Act. Your operation does not fall within any exception to the licensing requirement, including Part 15 of the Commission’s Rules, as your station’s measured field strength substantially exceeds the limits specified in Section 15.209.

You are hereby directed to cease operation of your radio transmitter immediately. Failure to comply may result in the issuance of a Notice of Apparent Liability for forfeiture, seizure of equipment, and/or criminal prosecution under Section 501 of the Act.

[…]

Sincerely, Travis B. Olmstead Regional Director, Kansas City District Office

Dale R. Otterbein to FCC Enforcement Bureau — September 9, 2016

[Handwritten, blue ink on lined notebook paper]

Dear Sir,

I recieved your letter of Sept. 1. I understand what you are saying. I disagree.

The people here need to know who died. Nobody else is telling them. The paper goes to 1,100 houses and not everybody gets it and some that do can’t see to read it anymore. I have been reading the names since 2005 and I will keep reading them.

The First Amendment says I have the right to speak. It does not say anything about needing a license to speak.

Sincerely, Dale Otterbein

FCC Enforcement Bureau to Dale R. Otterbein — March 15, 2017

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

[…] pursuant to Section 503(b) of the Communications Act of 1934, as amended, you are hereby notified of your apparent liability for a forfeiture in the amount of Two Thousand Four Hundred Dollars ($2,400) for willful violation of Section 301 […] Field measurements conducted on February 28, 2017, confirmed continued operation on 1240 kHz […]

Dale R. Otterbein to FCC Enforcement Bureau — March 28, 2017

[Handwritten, blue ink on lined notebook paper]

Dear Sir,

Check enclosed. I will be on air tomorrow at 6:45 as usual.

Best, Dale

FCC Enforcement Bureau to Dale R. Otterbein — November 2, 2018

NOTICE OF APPARENT LIABILITY FOR FORFEITURE — SECOND VIOLATION

[…] in the amount of Three Thousand Two Hundred Dollars ($3,200) […] escalated pursuant to the Commission’s forfeiture guidelines for repeat violations […] you are again directed to cease operation immediately […]

Dale R. Otterbein to FCC Enforcement Bureau — November 14, 2018

[Handwritten, blue ink on lined notebook paper]

Dear Sir,

Check enclosed. Thank you for your patience. I know you have your job to do and I am making it harder. But I have mine too.

Dale

Dale R. Otterbein to FCC Enforcement Bureau — July 3, 2020

[Handwritten. This letter was received by the Kansas City District Office in response to the third NAL ($5,000), issued June 14, 2020. The letter is included in full.]

Dear Sir,

My wife Darlene passed on November 12 of last year. I read her obituary on air the next morning. You will see it in the monitoring log if you have it. I did not read the weather or the farm report that day.

She was the one who said I should pay the fines and keep going. She said it was not a matter of whether I had the right. She said somebody had to do it and I was the one who was doing it, so there you are.

I have enclosed the check for $5,000. I am on a fixed income and this was not easy to come up with but I will not lie to you and say I can’t afford it because I found the money and here it is. I sold the Ford 8N tractor to a man in Marshfield. It ran fine and I did not want to sell it but the fine is the fine.

I understand you people are not doing this to be cruel. You have a regulation and I am in violation of it. I am not arguing with that. I am telling you I have weighed the regulation against what I do every morning and the regulation lost. You are welcome to keep sending the letters and I will keep paying what I can.

I will be on air tomorrow at 6:45.

Sincerely, Dale Otterbein

FCC Enforcement Bureau to Dale R. Otterbein — April 3, 2024

NOTICE OF APPARENT LIABILITY FOR FORFEITURE — FOURTH VIOLATION

[…] in the amount of Seven Thousand Five Hundred Dollars ($7,500) […] The Commission notes that you have been the subject of three prior forfeitures for the same violation, totaling $10,600 in assessed penalties, all of which have been paid. Despite this history of enforcement, you have continued unauthorized operation without interruption. The Commission’s forfeiture guidelines permit maximum base forfeitures of $10,000 per violation per day for individuals […] continued willful noncompliance may result in referral to the U.S. Department of Justice for criminal prosecution under Section 501 of the Act, carrying penalties of up to $100,000 in fines and one year imprisonment […]

Dale R. Otterbein to FCC Enforcement Bureau — April 19, 2024

[Handwritten, blue ink on lined notebook paper]

Dear Sir,

I recieved your letter of April 3. The amount is $7,500. I do not have $7,500 at this time. I sold the tractor for the last one and I have no more tractors. I have a 1997 Ford truck that I need to get to town for groceries and the doctor so I am not selling that.

I am not going to tell you I can not pay because I expect I will figure it out. I always have. But it will take some time.

I note your mention of criminal prosecution. I am 74 years old and I read the obituaries every morning to people who need to hear them. If the United States government wants to put me in prison for that I suppose that is its right. It will need to be somewhere with decent radio reception.

That last part is a joke. But I am not joking about the rest.

Dale

III. BROADCAST TRANSCRIPT EXCERPTS — Spectrum Monitoring Division

Source: FCC Spectrum Monitoring Station, Powder Springs, MO (remote sensor array) Frequency: 1240 kHz AM (±0.3 kHz drift observed) Monitoring period: Selected samples, 2017-2023

Sample 1 — March 3, 2017, 0648 CDT Signal quality: Fair (S5, intermittent noise floor elevation, likely nearby agricultural equipment)

[CARRIER ON — 0645:12]

Good morning. This is Dale on 1240. Wednesday, March the third.

Obituaries from the Lebanon Daily Record.

Phyllis Ann Brewer. Born September 5, 1943, in Marshfield. Died Monday at Mercy Hospital in Springfield. She is survived by her husband Lyle, three children, and eight grandchildren. Services Friday at two p.m. at Holman-Howe Funeral Home. Phyllis taught third grade at Boswell Elementary for twenty-six years. She retired in 2005. If your kids went through Boswell, they had Mrs. Brewer.

Robert Dean Skaggs, goes by Bobby. Born 1955. Died Saturday at home. Bobby farmed two hundred acres on the Gasconade, mostly cattle, some hay. He is survived by his daughter Tammy in Springfield. No services planned. I’ll say that again — no services planned. If you knew Bobby and you want to do something, I suppose you’ll have to figure that out on your own.

[Pause — 4 sec]

No other obituaries today.

Weather from NWS Springfield. High of 51, low tonight 34. Chance of rain after midnight, 40 percent. Wind west-southwest 10 to 15. I’ll add that the road crew has not been out on 242 since the ice last Tuesday, so if you’re heading north on the gravel take it slow, there are still some slick patches on the shady side past the Dobbins cutoff.

Farm report. MU Extension says —

[Signal degradation — content partially unrecoverable from this point]

[CARRIER OFF — 0704:38]

Sample 2 — November 13, 2019, 0647 CDT Signal quality: Good (S7, clear atmospheric conditions)

[CARRIER ON — 0645:08]

[Silence — 11 sec]

This is Dale.

[Pause — 6 sec]

Obituaries from the Lebanon Daily Record.

Darlene Kay Otterbein. Born June 22, 1952, in Conway. Died Tuesday at Mercy Hospital in Springfield after a long illness. She is survived by her husband Dale of the home. One son, Kevin, of Joplin. Two grandchildren.

[Pause — 8 sec]

Services Saturday at ten a.m. at First Baptist Church, Lebanon. Burial at Mount Rose Cemetery.

[Pause — 5 sec]

She was a good woman and I don’t have more to say about it than that on the air.

[CARRIER OFF — 0649:20]

Monitoring note: Subject’s voice noticeably altered from baseline. Broadcast duration 4 min 12 sec vs. average 11 min 30 sec (calculated from 14 monitored samples, 2017-2019). No weather report or farm report followed. Subject resumed standard broadcast format on November 14, 2019.

Sample 3 — June 11, 2021, 0646 CDT Signal quality: Fair (S5, elevated noise floor — likely sporadic-E propagation causing distant-station bleed on 1240 kHz)

[CARRIER ON — 0645:22]

Good morning. Friday, June the eleventh. Dale on 1240.

Obituaries.

Harold Raymond Jessup. Born October 14, 1931, in Falcon. Died Tuesday at home. Harold is survived by two sons and one daughter, and I think eleven grandchildren, though the paper says nine and I believe it’s wrong. Services Saturday at First Baptist. Harold drove the school bus on Route H for twenty-two years. If you rode that bus, you remember him. He waited for you if you were running late. Not every driver does that.

Wanda June Crick, age 89, of Conway. Died Wednesday. Services private. Wanda was a nurse at the old Lebanon hospital before it became Mercy. She worked nights.

No other obituaries today. We’re having a slow week for dying, which I consider good news.

Weather. NWS Springfield says high of 94. Heat advisory until 8 p.m. Chance of storms after four. I’ll add that the creek behind Dobbins’ place has been dry since June first, which they don’t mention, but you should know if you have cattle on that side. The Gasconade is low too but still running.

Farm report from MU Extension. Fescue toxicosis advisory for Laclede and surrounding counties. If your cattle are on fescue and they’re standing in the pond all day, that’s not laziness, that’s the endophyte. Extension says clip your pastures and consider interseeding clover. I am not going to tell you how to run your cattle but I will tell you what they said.

[CARRIER OFF — 0709:44]

Sample 4 — April 2, 2022, 0647 CDT Signal quality: Good (S7, clear)

[CARRIER ON — 0645:18]

Good morning. Saturday, April the second. Dale on 1240.

Obituaries.

Patricia “Patty” Ann Dobbins, age 81, of rural Lebanon. Died Wednesday at home. Patty is survived by her son, her daughter-in-law, and four grandchildren. Services Monday at two p.m. at the Lebanon Christian Church. Burial at Friendship Cemetery. Patty ran the post office at Competition for twenty-three years, which was the entire time it was open. When they closed that post office in 1998, that was the last federal building in the south end of the county. I’m not editorializing. I’m just saying what happened.

Larry Dean Hensley, age 67. Died Thursday at Cox Medical Center in Springfield. Larry is survived by his wife Carol and three sons. Services are pending. Larry worked for the highway department, District 9, for thirty-one years. He maintained the roads between here and Phillipsburg and he was good at it. I don’t know who has that route now.

No other obituaries today. Two for a Saturday is about average.

Weather from NWS Springfield. High 71, low 48. Sunny. Wind south 5 to 10. First decent day in two weeks. I don’t have anything to add to that.

Farm report. MU Extension is holding a pasture management workshop April 14 at the Laclede County Extension office. Free. I went to one of these once, about ten years ago, and it was useful even if you think you already know what you’re doing, which I did and I was wrong about some of it. They know things.

That’s all for today. Have a good one.

[CARRIER OFF — 0701:53]

Sample 5 — December 24, 2022, 0648 CDT (Sunday) Signal quality: Good (S8, winter atmospheric conditions, reduced noise floor)

[CARRIER ON — 0645:30]

Good morning. Christmas Eve, 2022. Dale on 1240.

No obituaries today. I checked the paper and I called the funeral homes. Nobody died yesterday that they’re telling me about. So we start with the weather.

[Weather report — content not transcribed, standard format]

[Farm report — content not transcribed, standard format]

Now. It’s Sunday and it’s Christmas Eve, so we’ll have some music.

[MUSIC — quartet recording. Identified by monitoring staff as “Farther Along,” performed by the Stamps-Baxter Melody Boys Quartet, likely from a 78 RPM disc, significant surface noise, estimated recording date 1940s. Duration 3 min 22 sec.]

[MUSIC — unidentified female vocalist, solo with guitar accompaniment, hymn “What a Friend We Have in Jesus.” Significant surface noise, intermittent skip, possibly an acetate disc. Duration 2 min 48 sec. Recording quality poor — vocalist’s identity could not be determined from audio alone.]

[MUSIC — The Carter Family, “Keep on the Sunny Side.” 78 RPM playback, moderate surface noise. Duration 3 min 14 sec.]

[Silence — 7 sec]

That’s the music for today. Merry Christmas to everybody listening. If you’re by yourself today you’re not the only one.

[CARRIER OFF — 0718:06]

Sample 6 — August 9, 2023, 0651 CDT Signal quality: Poor (S3, thunderstorm activity within 50 miles, significant atmospheric noise)

[CARRIER ON — 0645:40]

[Audio largely unrecoverable due to atmospheric noise. The following fragments were extracted by post-processing:]

…Dale on 1240…

…Norma Faye Hutchinson, age…

…knew her from the…

…never missed a Sunday in forty…

[Gap — estimated 3 min, content unrecoverable]

…storm last night took out power on the south end of 242 past the old Schrader place. Ameren says crews are out but I would not count on…

[Signal lost — 0658:12. Carrier did not return. Presumed power interruption at transmitter site.]

Monitoring note: This sample is included to illustrate signal reliability under adverse atmospheric conditions. The transmitter has no backup power supply. When county power fails, the broadcast fails. This occurs approximately 8-12 times per year based on monitored carrier availability.

IV. FIELD INSPECTION REPORT — SECOND INSPECTION

Agent: Robert J. Toomey, GS-12 Date of Inspection: March 7, 2019 Purpose: Re-inspection following second NAL. Confirm continued operation.

Field Observations

I arrived at 14220 CR 242 at approximately 0800 CDT. The broadcast had concluded for the morning. Mr. Otterbein was in the kitchen. The transmitter was on the table, warm to the touch, power indicator lit.

Property condition has changed since the 2016 inspection. The garden plot east of the house, which was maintained in 2016, is overgrown with foxtail and Johnson grass. The barn’s south-face roof collapse has worsened — approximately 40% of the roof structure is now compromised. A chain-link dog kennel behind the house, occupied in 2016, is empty. The gate is wired shut.

Mr. Otterbein’s wife, Darlene Otterbein, was present during the 2016 inspection but not visible during this visit. I did not inquire. A pair of women’s gardening gloves, weathered, remained on the porch rail where I had observed them in 2016. They had not been moved.

The transmitter configuration was unchanged from 2016, with one exception: the audio interface connecting the turntable to the transmitter had been rebuilt. Mr. Otterbein stated the original had “burned out” and he had constructed a replacement using components he described as “a RadioShack kit I had in the closet from the nineties.”

I reiterated the enforcement posture: continued operation will result in escalating forfeitures. Mr. Otterbein stated he understood. He offered me coffee. I accepted in order to maintain rapport for the purposes of the inspection.

During the visit, Mr. Otterbein played a recording on the turntable at the subject’s insistence — a Stamps-Baxter quartet performing “I’ll Fly Away,” from a 78 RPM disc with significant wear. The recording played for approximately six minutes. I remained in the kitchen during this time. Mr. Otterbein did not speak during playback. He adjusted the turntable’s speed once, by hand, when the platter appeared to be running slow.

When the recording ended, Mr. Otterbein said, “That’s the Stamps-Baxter Melody Boys. 1947 or ‘48. You can’t get that anywhere. I’ve looked. That’s the only copy I know about.”

I noted the recording but did not comment on its rarity or value, as this is outside the scope of the inspection.

Mr. Otterbein then showed me the spiral notebook in which he prepares his daily broadcast. The entries are brief — names copied from the obituary page, weather data from the NWS Springfield website (accessed via a slow DSL connection, which he described as “worse than nothing half the time”), and farm report notes from the MU Extension weekly summary. His handwriting is small and careful. He underlines the names. “I underline them,” he said, “so I don’t rush past. If you rush a name, it’s like you don’t mean it.”

I observed that the kitchen wall opposite the transmitter held a framed map of Laclede County, the kind sold at the county assessor’s office, with roads and property lines. Several locations were marked in red ink — I counted fourteen. Mr. Otterbein, noticing my observation, said these were the homes of people he knew to be listening. “Fourteen I’m sure about,” he said. “There are more I’m not sure about. I don’t go looking. If they call, I mark it.”

Recommendation

Issue third NAL with increased forfeiture. Subject shows no indication of voluntary compliance.

Filed: March 14, 2019 R. J. Toomey

V. FIELD INSPECTION REPORT — THIRD INSPECTION

Agent: Lucia M. Vidal, GS-11 Date of Inspection: September 22, 2021 Purpose: Re-inspection. Agent Toomey retired 06/2020. Case reassigned.

Field Observations

Arrived 14220 CR 242 at 0730 CDT. Morning broadcast had concluded. Subject answered door, identified himself. Cooperative, not hostile. Transmitter on kitchen table, operational configuration consistent with prior reports (see Toomey, 2016 and 2019).

Property condition continues to deteriorate. Barn roof now approximately 60% collapsed. Front porch boards show dry rot at west end. Interior of home is clean but dated — paneling, linoleum, drop ceiling in the kitchen. A framed photograph on the wall above the transmitter shows the subject and a woman (presumably Darlene Otterbein, deceased 11/2019) in what appears to be a church setting, mid-1970s based on clothing.

The transmitter’s antenna feedline has been replaced since the 2019 inspection — new coaxial cable (RG-58) running from the transmitter through a hole drilled in the kitchen wall to the exterior antenna. The hole has been sealed with silicone caulk and a section of aluminum flashing.

Signal propagation note: I conducted field strength measurements at 12 locations within a 5-mile radius to supplement Agent Toomey’s original 4-point survey. Results confirm significant propagation variation due to karst terrain. Of particular note: a dead zone (skip zone) exists in the valley between Dry Creek Ridge and Cedar Ridge, approximately 3 miles east-southeast of the transmitter. Ground-wave signal drops below usable threshold (-85 dBm) throughout this valley, a stretch of approximately 1.5 miles containing an estimated 15-20 residences. These residences cannot receive the 1240 kHz broadcast. The skip zone results from the combined effects of dolomite ridge shadowing and poor ground conductivity over the subsurface limestone dissolution zone — the karst geology creates a pocket where the ground wave attenuates before reaching the valley floor, and no skywave component exists at this frequency and distance.

The existence of this skip zone has no enforcement relevance but is noted for completeness of signal coverage documentation.

Subject declined voluntary compliance. Stated: “Ma’am, I know what you’re going to ask and I know what I’m going to say, so we can skip that part if you want.” I explained the escalating forfeiture structure. Subject acknowledged understanding.

I asked the subject when he had last missed a broadcast. He said February 2021, “when the ice storm took out power for four days.” He had attempted to operate on a car battery, connected to the ATX power supply via alligator clips, but the voltage was insufficient to maintain stable transmission. “It hummed something awful,” he said. “I could hear it on the receiver and it wasn’t fair to make people listen to that.” He went off air for four days and resumed when county power was restored. He said Mrs. Kessler called on the fifth day and asked if he was dead.

The county map on the kitchen wall (noted by Agent Toomey, 2019) now had seventeen marked locations, up from fourteen.

Filed: October 1, 2021 L. M. Vidal

VI. FIELD INSPECTION REPORT — FOURTH INSPECTION

Agent: James A. Ware, GS-9 Date of Inspection: March 14, 2024 Purpose: Re-inspection and pre-forfeiture assessment. Agent Vidal transferred to Atlanta District Office, 01/2022. Case reassigned.

Prefatory Note

This is my first inspection of the Otterbein case. I reviewed the file in its entirety before conducting the inspection, including Agent Toomey’s reports (2016, 2019), Agent Vidal’s report (2021), the correspondence file, and available broadcast monitoring samples. I elected to arrive before the subject’s typical broadcast time (0645 CDT) in order to observe an active broadcast.

Approach and Pre-Contact Observation

I arrived at the intersection of CR 242 and the subject’s access drive at approximately 0628 CDT. The sky was overcast, temperature 38°F, light fog in the hollows along the creek bottoms. I parked at the end of the access drive, approximately 50 meters from the residence, and tuned my monitoring receiver (AOR AR-5000) to 1240 kHz.

At 0644:55 CDT, the carrier came on. A brief burst of hum (60 Hz, consistent with poor power supply filtering), then silence for approximately 10 seconds.

At 0645:08 CDT:

“Good morning. This is Dale on 1240. Thursday, March the fourteenth.”

I noted the date: March 14, 2024. The subject’s date of birth, per the case file, is March 14, 1950. He did not mention this.

The subject read obituaries. There were three that morning. I recorded the broadcast on my monitoring equipment and include the relevant portion here, transcribed:

Glen Edward Yates. Born 1936. Died Tuesday at the VA hospital in Columbia. Glen is survived by one daughter, Rita, of Lebanon. Glen served in Korea — I don’t know the details, he never talked about it, and I won’t pretend to know more than I do. Services at Shadel’s on Monday.

Imogene F. Strickland. Born 1928 in Phillipsburg. Died Monday at Gasconade Manor. I’m not going to read all the survivors because there are about forty of them and you can see it in the paper. Imogene made the best chess pie in the county and that is not my opinion, that is a matter of public record, she won the fair six times.

James Leroy Purcell, Junior. Age 44. Died Saturday. No services. That’s all the paper says, and I’ll leave it at that.

The subject then read the weather — high of 52, low of 31, wind out of the northwest, chance of frost. He added: “The Osage Fork is up about a foot from the rain Tuesday. Not flooding, but if you’re crossing at the low-water bridge on the old Eldridge road, take a look first.”

He then read a brief farm report from the MU Extension office regarding soil temperatures and planting dates.

The broadcast concluded at 0703:22 CDT. Total duration: 18 min 27 sec, longer than the monitored average (11 min 30 sec per the monitoring division’s calculation), likely because three obituaries is above the typical count of one to two.

During the broadcast, at approximately 0655 CDT, a pickup truck (Ford Ranger, dark blue, late 1990s model) slowed on CR 242, approximately 80 meters from the end of the access drive. The driver, an older man in a cap, raised one hand from the steering wheel — not toward me, not toward the house, but toward the antenna on the chimney. Then the truck continued south on 242.

I did not approach the residence until the broadcast concluded. I remained in the vehicle for the full duration of the broadcast in order to document carrier stability and modulation characteristics.

Contact and Equipment Inspection

I knocked at 0708 CDT. Mr. Otterbein answered in approximately 30 seconds. He looked at my identification and said, “You’re the new one.” I confirmed I had been assigned the case since Agent Vidal’s transfer.

The transmitter remains on the kitchen table. The table is a 1960s-era chrome-and-Formica dinette, with a significant cigarette burn near one edge and a coffee ring stain that has been there long enough to bleach into the Formica. The transmitter occupies approximately one-third of the table surface. The remaining two-thirds is functional workspace: a microphone (Shure SM58, same unit noted by Agent Toomey in 2016 — identifiable by a dent on the windscreen and a strip of masking tape on the cable marked “MIC 1” in faded marker), a portable turntable (same Crosley Cruiser noted by Toomey, with a replacement stylus that does not appear to be the correct model — tracking force appears high, based on observed groove wear on records), a stack of newspapers (approximately two weeks’ worth of the Lebanon Daily Record), a spiral notebook, and a ballpoint pen.

The transmitter itself:

The Ramsey AM-1 board is now 19-20 years old. The PCB has darkened from oxidation. Several components show heat discoloration. The modification noted by Toomey — the replacement output transistor and additional amplifier stage — remains in place. I observed three cold solder joints on the amplifier board, one of which has been repaired with electrical tape and rosin-core solder (the same repair noted by Toomey in 2016 — eight years ago, and it is still holding). A fourth connection, on the modulation input, has been reinforced with a wrap of bare copper wire and a drop of solder that spread wider than intended, bridging almost to an adjacent trace. It has not shorted. Whether by skill or accident, the gap is maintained.

The construction method is consistent with techniques documented in amateur and field-expedient radio construction literature. The heat sink on the output transistor has been shimmed with a folded piece of aluminum cut from a beverage can (Busch Light, based on the visible printing on the interior surface). It works.

I asked Mr. Otterbein about his listener base. He said he did not know how many people listened. “Mrs. Kessler calls every morning at eight to tell me if I got a name wrong,” he said. “She’s been calling for eleven years. I’ve never met her. She lives over past Conway somewhere. She’s got a radio in her kitchen and she writes down the names and checks them against the paper when her daughter brings it in the afternoon.”

I asked if others called. He said maybe a half dozen, irregularly. Some only call when they recognize a name in the obituaries. One calls to correct his weather — “He’s got a rain gauge and he thinks NWS Springfield is always wrong, and he’s right about half the time.” A woman called once to ask him to play a specific hymn on Sunday. He played it. She never called again. He does not know her name.

I asked about the cost of the fines. He said the first two ($2,400 and $3,200) came out of savings. The third ($5,000) required him to sell a tractor — “A Ford 8N, 1952, it ran fine. I got forty-two hundred for it and covered the rest from the checking account.” He has not yet paid the fourth fine ($7,500, issued April 2024). He said he would pay it “when I figure out where it’s coming from.”

I asked why he doesn’t apply for a low-power FM license, which the Commission has issued to community broadcasters under Part 73. He said he looked into it once, “before Darlene got sick.” The application requires: an organizational sponsor (nonprofit, educational institution, or public safety entity), demonstrated community support, technical compliance filing, and ongoing reporting. “I don’t have an organization,” he said. “I have a kitchen table and a microphone.”

I asked what would happen if the Commission seized his equipment. He said: “I expect I’d build another one.”

Technical Measurements

Field strength at 30 meters, measured at 0650 CDT during active broadcast:

Compared to Agent Toomey’s 2016 measurements (at 100 meters), these readings, adjusted for distance, suggest a slight increase in output power — possibly due to component aging characteristics of the output transistor, or minor antenna modifications not visible on external inspection. Estimated ERP remains in the 0.7-1.0 W range.

The frequency has drifted slightly: 1240.4 kHz, compared to 1240.3 kHz measured in 2016. Crystal oscillators of the type used in the Ramsey AM-1 typically drift 0.001-0.01% over their operational lifetime. This drift is within expected parameters for a 20-year-old component operating in a non-temperature-controlled environment.

Additional Observations

A shelf above the transmitter holds approximately 40-50 78 RPM records in paper sleeves. Several sleeves are labeled in handwriting. Others have commercial labels: Stamps-Baxter Music Company (Dallas, TX), Columbia, Victor. At least three appear to be acetate discs — personal or small-run recordings with no commercial labeling. Mr. Otterbein did not volunteer information about these and I did not ask, as the recordings are not relevant to the enforcement action.

The spiral notebook beside the transmitter contains handwritten broadcast notes in chronological order, one page per day, going back approximately three months (the notebook is nearly full). Earlier notebooks were not visible but Mr. Otterbein stated he has “a box of them in the closet — I don’t know, maybe fifteen years’ worth.”

A handwritten schedule is taped to the wall adjacent to the transmitter. It reads:

M-Sat: 6:45 — Names, weather, farm Sun: 6:45 — Names, weather, farm, music Storms: off if power out

Below this, in different ink, added later:

If I am sick K. Otterbein has a key — call Kevin 417-XXX-XXXX

I asked about this. Mr. Otterbein said his son Kevin had agreed to read the obituaries if Dale was unable. I asked if Kevin had done so. “Once,” he said. “I had the flu in January. He drove up from Joplin and did it for three days. He didn’t want to. He said it was morbid.” Mr. Otterbein paused, then said: “He’s not wrong. But somebody has to.”

Signal Coverage Assessment

The broadcast on 1240 kHz serves as the sole source of locally originated information for an estimated listener base of 40-120 individuals, predominantly elderly residents of the rural areas surrounding Lebanon, Missouri, many of whom lack broadband internet access and some of whom no longer subscribe to the Lebanon Daily Record due to cost or delivery cessation. The 2020 Census recorded 35,723 residents in Laclede County, a decline of 2.1% from 2010. Population decline is concentrated in unincorporated rural areas. The median age in the county is 40.7 years. The rural areas served by the broadcast skew significantly older.

No other locally originated source provides the same combination of spoken obituaries, localized weather observation, and agricultural information within the estimated coverage area.

Recommendation

Issue fourth NAL ($7,500) per escalating forfeiture schedule. Subject has demonstrated through eighteen years of noncompliance that forfeiture alone will not produce voluntary cessation. The case file should be referred to the Office of General Counsel for review of additional enforcement options, including possible equipment seizure under 47 U.S.C. § 510.

It should be noted that equipment seizure would require a federal warrant, coordination with the U.S. Marshals Service, and travel to a remote rural location for the purpose of confiscating a device with an estimated replacement value of under $200, operated by a 74-year-old retired mail carrier, from his kitchen table. I include this observation solely for the purpose of resource allocation planning.

Filed: April 1, 2024 J. A. Ware

VII. ATTACHMENTS

Attachment A — Photograph Log

1. Exterior of residence, 14220 CR 242. East chimney face with antenna visible. Photograph date: 03/14/2024. (J. Ware)
2. Antenna detail — loading coil, copper wire, ground wire connection to rod. Photograph date: 03/14/2024. (J. Ware)
3. Transmitter assembly on kitchen table, overhead view. Visible: Ramsey AM-1 board (modified), amplifier stage, ATX power supply, coaxial connections, microphone, turntable. Photograph date: 03/14/2024. (J. Ware)
4. Transmitter detail — amplifier stage showing cold solder joints and electrical tape repair. Photograph date: 03/14/2024. (J. Ware)
5. Collection of 78 RPM recordings on shelf above transmitter. Approximately 40-50 discs in paper sleeves. Photograph date: 03/14/2024. (J. Ware)
6. Handwritten broadcast schedule, taped to wall adjacent to transmitter. Photograph date: 03/14/2024. (J. Ware)
7. Exterior, looking east from access drive. Cedar-lined gravel drive, residence and outbuildings in background. Fog visible in hollow to the south. Photograph date: 03/14/2024, approx. 0630 CDT. (J. Ware)

Attachment B — Spectrum Analysis Summary

Instrument: Rohde & Schwarz FSH8 Spectrum Analyzer Date: March 14, 2024 Location: 14220 CR 242, Laclede County, MO — 30m from antenna base, north

Notes: Spurious emission performance is acceptable by Part 15 standards, though the fundamental field strength exceeds Part 15 limits by a factor of approximately 15x. The transmitter’s occupied bandwidth (9.8 kHz) is within the standard AM channel allocation of 10 kHz. In terms of spectral hygiene, this transmitter causes effectively no harmful interference to adjacent or co-channel operations. The sole interference complaint on file (IC-2016-KS-4401, KWTO-AM) was acknowledged by the complainant as de minimis.

Attachment C — Document Found at Transmitter Site

[The following document was found on the shelf adjacent to the transmitter, beneath the 78 RPM record collection. It is handwritten on legal-pad paper, multiple pages, in the subject’s hand. It is not relevant to the enforcement action and is included for completeness of site documentation.]

Label: [None. The first page is headed, in the subject’s handwriting:]

“Names I have read on the air”

Phyllis Ann Brewer Robert Dean “Bobby” Skaggs Vernon T. Lafferty Opal Louise Simmons Daryl Wayne Purcell Geneva Hutchinson Rev. Thomas A. Crane Carl F. Dobbins Jr. Betty Jo Yates Howard K. Schrader Imogene Purcell William “Bill” Strickland Norma Faye Hutchinson Dorothy Crane Lee Roy Hensley Wilma Jessup Curtis Dobbins Franklin P. Yates Mary Ellen Skaggs Dean Otterbein [noted in margin: “Dale’s brother, d. 2009”] Sandra K. Purcell Bobby Gene Lafferty Ernest W. Kessler Ruth Ann Dobbins James Howard Simmons Lloyd R. Crane Patsy Hensley Margaret Faye Yates Arvil Strickland Gladys M. Dobbins Harold Raymond Jessup Wanda June Crick Ora Lee Purcell Charles E. Simmons Sr. Lela Mae Schrader Donald R. Hutchinson Alma Jean Lafferty Virgil T. Yates Pearl Strickland Walter Dobbins Edith Crane Clifford L. Hensley Mildred Purcell Ray Otterbein [noted in margin: “cousin”] Bonnie Jean Skaggs Leonard Kessler Wayne Simmons Kenneth R. Dobbins Pauline Yates Homer J. Lafferty Irene Strickland Bernice Crane Floyd Hensley Louise Purcell Thelma Dobbins Elmer Schrader Rosemary Hutchinson Darlene Kay Otterbein Glen Edward Yates Imogene F. Strickland James Leroy Purcell Jr.

[List continues for an additional estimated 260-280 names across four more pages. The final page is not full — approximately two-thirds covered, with blank space remaining below the last entry. The list appears to be ongoing.]

END OF FILE

Case No. EB-2024-FL-0847 — Status: OPEN