Post by cowboybob on May 17, 2009 1:21:26 GMT -4
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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Danny E. Wood
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0020
Dear Mr. Wood:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 30, 2009
Mr. Cory M. Herttua
9560 Fuerte Drive
La Mesa, CA 91941-4111
Re: Warning Notice
Amateur Radio License N6HHT
EB-09-GB-0030
Dear Mr. Herttua:
The owner/trustee of K6JSI has requested, by letter dated February 25,
2009, that you refrain from use of this repeater. The written request was
issued as a result of your failure to follow operational rules set forth
by the licensee/control operator of the repeater system for its users. You
were previously issued several requests to refrain from using the system,
but failed to comply with them necessitating the formal written request.
You have failed to comply with the formal written request and have been
heard operating on the repeater on an almost daily basis between 7:00-7:45
and 11:45-4:45 since the February 25, 2009, letter was sent.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, that such control
operators be responsible for the proper operation of the repeater system.
Control operators may take whatever steps they deem appropriate to ensure
compliance with the repeater rules, including limiting the repeater use to
certain users, converting the repeater to a closed repeater or taking it
off the air entirely.
Please be advised that the Commission expects you to abide by the request
of the owner/trustee that you stay off of K6JSI - and any other similar
requests to cease operations on any other repeaters by any other repeater
licensees, control operators or trustees.
Use of K6JSI again after receipt of this letter could subject you to
severe penalties, including license revocation, monetary forfeiture (fine)
or a modification proceeding to restrict the frequencies upon which you
may operate.
Sincerely,
Laura L. Smith
Special Counsel
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. John Fickert
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0022
Dear Mr.:Fickert:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Darrell Buck
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0021
Dear Mr. Buck:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Carl Ball
Statesville, NC
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0024
Dear Mr. Ball:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Norfolk Field Office
South Central Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-------------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 23, 2009
William Forster
Weymouth, MA
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0019
Dear Mr. Forster:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Boston Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 18, 2009
Mr. Robert L. Coyle, Jr.
320 Langston Road
Perry, GA 31093
Re: Amateur Radio License WN5P
Warning Notice
Dear Mr. Coyle:
The trustees of WA4ORT and NM4W have requested, by letter dated January
14, 2009, that you refrain from use of these repeaters. The written
request was issued as a result of your failure to follow operational rules
set forth by the licensee/control operators of the repeater systems for
their users. You were previously issued several requests to refrain from
using the systems, but failed to comply with them necessitating the formal
written request. You have failed to comply with the formal written request
as well as you were heard and recorded operating on the system more than a
dozen times by the control operator and the club president since the
January 14, 2009, letter was sent.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, that such control
operators be responsible for the proper operation of the repeater system.
Control operators may take whatever steps they deem appropriate to ensure
compliance with the repeater rules, including limiting the repeater use to
certain users, converting the repeater to a closed repeater or taking it
off the air entirely.
Please be advised that the Commission expects you to abide by the request
of the control operator that you stay off of NM4W - and any other similar
requests to cease operations on any other repeaters by any other repeater
licensees, control operators or trustees.
Use of WA4ORT or NM4W again after receipt of this letter could subject you
to severe penalties, including license revocation, monetary forfeiture
(fine) or a modification proceeding to restrict the frequencies upon which
you may operate.
Sincerely,
Laura L. Smith
Special Counsel
Cc: South Central Regional Director
In an email dated January 8, 2009, Mr. Mike Besemer (the control operator)
advised you that you were restricted from operating on the repeaters and,
on January 13, 2009, you were confronted while on the WA4ORT repeater by
Mr. Besemer and Mr. Scott Nolde (the club president) and again advised
that you were prohibited from using the repeaters.
You were verbally advised by two controllers in the presence of two of
your family members to cease operations on the K6JSI repeater.
Fines normally range from $7,500 to $10,000.
Fines normally range from $7,500 to $10,000.
-----------------------------------------------------------------------------------
EVEN DUKE ENERGY DIDNT ESCAPE THE RATH OF THE mighty FCC!
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
May 4, 2009
Mr. John J. Flinnigan, Jr.
Associate General Counsel
Duke Energy
PO Box 960
Cincinnati, OH 45201-0960
Re: EB-09-GB-0029
Mr. Flinnigan:
The Federal Communications Commission notified you by warning letter dated
May 6, 2008, that it had continued to receive complaints of harmful radio
interference possibly caused by power line equipment maintained by your
company. The interference was reported by:
(name withheld)
(address withheld)
Cincinnati, OH 45251-2645
Phone: (withheld)
Email: (withheld)
In that letter, you were advised that this problem, if unresolved, could
be a violation of Commission rules and could possibly result in a monetary
forfeiture. For this reason, we encouraged the parties involved to
voluntarily resolve the matter without Commission intervention. The letter
further stated, however, that should it become necessary for the
Commission to facilitate a resolution, the Commission might investigate
possible rule violations and address appropriate remedies, including
monetary forfeitures.
By letter dated January 9, 2007, you had responded to the Commission's
August 11, 2006, letter indicating that Duke was attempting to locate the
sources of reported interference. You further stated that Duke would make
concerted efforts to work with Mr. Swallow to find the possible sources of
interference and would continue to do so going forward. The record further
demonstrates that multiple contacts were made between 2006 and 2007
between Mr. Swallow and representatives of Duke Energy in an ongoing
effort to find and resolve the problems.
During the latter part of 2007 and into 2008, the licensee continued to
experience interference and continued to contact Duke Energy to correct
the problems. The licensee worked closely with the line crews to locate
the sources to try to resolve the matter. Mr. Swallow went so far as to go
out and attempt to locate several instances of noise himself. He provided
that information to Duke. I am providing you with his suspected sources of
noise as a starting point. They are as follows:
sB K19-32E
sB K19-33E
sB K19-83C
sB K19-85C
sB K19-86E
sB K19-179C
sB K19-252C
sB K20-372E
sB J19-148C
Given the fact this case has been ongoing for quite some time without
resolution and Duke has had ample time to make the necessary repairs, you
are directed to respond to the undersigned within 30 days of receipt of
this letter detailing what steps you have taken to resolve the specific
instances of interference listed above that are reported as being caused
by Duke equipment.
Likewise, given the fact that these sources were discovered by the
licensee, not the utility, and should not be considered comprehensive, you
are further directed to provide to the undersigned within 60 days of
receipt of this letter a written report as to what steps Duke Energy has
undertaken to locate and identify additional sources of interference and
what steps Duke Energy intends to take to correct Mr. Swallow's radio
frequency interference. Should the remaining interference problems not be
resolved within those 60 days, Duke Energy will be required to provide the
undersigned with a status update every two (2) weeks going forward as to
what progress, if any, has been made to resolve the matter.
If you have any questions about this matter, please contact me at
717-338-2577.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detroit Field Office
Northeast Regional Director
The Commission had previously notified you on August 11, 2006, of a
complaint regarding possible interference caused by equipment operated by
your company. Copies of both letter are enclosed for your convenience.
Cc: San Diego Field Office
Western Regional Director
-----------------------------------------------------------------------------------
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Danny E. Wood
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0020
Dear Mr. Wood:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 30, 2009
Mr. Cory M. Herttua
9560 Fuerte Drive
La Mesa, CA 91941-4111
Re: Warning Notice
Amateur Radio License N6HHT
EB-09-GB-0030
Dear Mr. Herttua:
The owner/trustee of K6JSI has requested, by letter dated February 25,
2009, that you refrain from use of this repeater. The written request was
issued as a result of your failure to follow operational rules set forth
by the licensee/control operator of the repeater system for its users. You
were previously issued several requests to refrain from using the system,
but failed to comply with them necessitating the formal written request.
You have failed to comply with the formal written request and have been
heard operating on the repeater on an almost daily basis between 7:00-7:45
and 11:45-4:45 since the February 25, 2009, letter was sent.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, that such control
operators be responsible for the proper operation of the repeater system.
Control operators may take whatever steps they deem appropriate to ensure
compliance with the repeater rules, including limiting the repeater use to
certain users, converting the repeater to a closed repeater or taking it
off the air entirely.
Please be advised that the Commission expects you to abide by the request
of the owner/trustee that you stay off of K6JSI - and any other similar
requests to cease operations on any other repeaters by any other repeater
licensees, control operators or trustees.
Use of K6JSI again after receipt of this letter could subject you to
severe penalties, including license revocation, monetary forfeiture (fine)
or a modification proceeding to restrict the frequencies upon which you
may operate.
Sincerely,
Laura L. Smith
Special Counsel
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. John Fickert
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0022
Dear Mr.:Fickert:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
-----------------------------------------------------------------------------------
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Darrell Buck
Dayton, OH
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0021
Dear Mr. Buck:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detriot Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 25, 2009
Mr. Carl Ball
Statesville, NC
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0024
Dear Mr. Ball:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Norfolk Field Office
South Central Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 23, 2009
William Forster
Weymouth, MA
RE: WARNING FOR UNLICENSED RADIO OPERATION
EB-09-GB-0019
Dear Mr. Forster:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters that has interfered with
communications in the 10 meter band, for which a license is required.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to the address in the letterhead
and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Boston Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
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VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 18, 2009
Mr. Robert L. Coyle, Jr.
320 Langston Road
Perry, GA 31093
Re: Amateur Radio License WN5P
Warning Notice
Dear Mr. Coyle:
The trustees of WA4ORT and NM4W have requested, by letter dated January
14, 2009, that you refrain from use of these repeaters. The written
request was issued as a result of your failure to follow operational rules
set forth by the licensee/control operators of the repeater systems for
their users. You were previously issued several requests to refrain from
using the systems, but failed to comply with them necessitating the formal
written request. You have failed to comply with the formal written request
as well as you were heard and recorded operating on the system more than a
dozen times by the control operator and the club president since the
January 14, 2009, letter was sent.
The Commission requires that repeaters be under the supervision of a
control operator and not only expects, but requires, that such control
operators be responsible for the proper operation of the repeater system.
Control operators may take whatever steps they deem appropriate to ensure
compliance with the repeater rules, including limiting the repeater use to
certain users, converting the repeater to a closed repeater or taking it
off the air entirely.
Please be advised that the Commission expects you to abide by the request
of the control operator that you stay off of NM4W - and any other similar
requests to cease operations on any other repeaters by any other repeater
licensees, control operators or trustees.
Use of WA4ORT or NM4W again after receipt of this letter could subject you
to severe penalties, including license revocation, monetary forfeiture
(fine) or a modification proceeding to restrict the frequencies upon which
you may operate.
Sincerely,
Laura L. Smith
Special Counsel
Cc: South Central Regional Director
In an email dated January 8, 2009, Mr. Mike Besemer (the control operator)
advised you that you were restricted from operating on the repeaters and,
on January 13, 2009, you were confronted while on the WA4ORT repeater by
Mr. Besemer and Mr. Scott Nolde (the club president) and again advised
that you were prohibited from using the repeaters.
You were verbally advised by two controllers in the presence of two of
your family members to cease operations on the K6JSI repeater.
Fines normally range from $7,500 to $10,000.
Fines normally range from $7,500 to $10,000.
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EVEN DUKE ENERGY DIDNT ESCAPE THE RATH OF THE mighty FCC!
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
May 4, 2009
Mr. John J. Flinnigan, Jr.
Associate General Counsel
Duke Energy
PO Box 960
Cincinnati, OH 45201-0960
Re: EB-09-GB-0029
Mr. Flinnigan:
The Federal Communications Commission notified you by warning letter dated
May 6, 2008, that it had continued to receive complaints of harmful radio
interference possibly caused by power line equipment maintained by your
company. The interference was reported by:
(name withheld)
(address withheld)
Cincinnati, OH 45251-2645
Phone: (withheld)
Email: (withheld)
In that letter, you were advised that this problem, if unresolved, could
be a violation of Commission rules and could possibly result in a monetary
forfeiture. For this reason, we encouraged the parties involved to
voluntarily resolve the matter without Commission intervention. The letter
further stated, however, that should it become necessary for the
Commission to facilitate a resolution, the Commission might investigate
possible rule violations and address appropriate remedies, including
monetary forfeitures.
By letter dated January 9, 2007, you had responded to the Commission's
August 11, 2006, letter indicating that Duke was attempting to locate the
sources of reported interference. You further stated that Duke would make
concerted efforts to work with Mr. Swallow to find the possible sources of
interference and would continue to do so going forward. The record further
demonstrates that multiple contacts were made between 2006 and 2007
between Mr. Swallow and representatives of Duke Energy in an ongoing
effort to find and resolve the problems.
During the latter part of 2007 and into 2008, the licensee continued to
experience interference and continued to contact Duke Energy to correct
the problems. The licensee worked closely with the line crews to locate
the sources to try to resolve the matter. Mr. Swallow went so far as to go
out and attempt to locate several instances of noise himself. He provided
that information to Duke. I am providing you with his suspected sources of
noise as a starting point. They are as follows:
sB K19-32E
sB K19-33E
sB K19-83C
sB K19-85C
sB K19-86E
sB K19-179C
sB K19-252C
sB K20-372E
sB J19-148C
Given the fact this case has been ongoing for quite some time without
resolution and Duke has had ample time to make the necessary repairs, you
are directed to respond to the undersigned within 30 days of receipt of
this letter detailing what steps you have taken to resolve the specific
instances of interference listed above that are reported as being caused
by Duke equipment.
Likewise, given the fact that these sources were discovered by the
licensee, not the utility, and should not be considered comprehensive, you
are further directed to provide to the undersigned within 60 days of
receipt of this letter a written report as to what steps Duke Energy has
undertaken to locate and identify additional sources of interference and
what steps Duke Energy intends to take to correct Mr. Swallow's radio
frequency interference. Should the remaining interference problems not be
resolved within those 60 days, Duke Energy will be required to provide the
undersigned with a status update every two (2) weeks going forward as to
what progress, if any, has been made to resolve the matter.
If you have any questions about this matter, please contact me at
717-338-2577.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detroit Field Office
Northeast Regional Director
The Commission had previously notified you on August 11, 2006, of a
complaint regarding possible interference caused by equipment operated by
your company. Copies of both letter are enclosed for your convenience.
Cc: San Diego Field Office
Western Regional Director
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