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   1

                       FEDERAL COMMUNICATIONS COMMISSION

                               Enforcement Bureau

                         Spectrum Enforcement Division

                              1270 Fairfield Road

                      Gettysburg, Pennsylvania 17325-7245

   VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   August 7, 2007

   Smith Trucking, Inc.

   2719 Morgantown Road

   Smithfield, PA 15478

   ATTN: Theodore Smith

   SUBJECT: WARNING NOTICE - UNLICENSED RADIO OPERATION

   Case #EB-07-SE-3061

   Dear Mr. Smith:

   Information before the Commission indicates that your drivers have been
   operating radio equipment without a license on the frequency 28.535 MHz
   and causing interference to licensed stations in the Ten Meter Amateur
   Band.

   The drivers were observed operating unlicensed in April and May 2007 on
   Route 19 between the Fairmont, West Virginia area and the Haywood power
   plant near Shinnston, WV.

   Please advise your drivers that operation of radio transmitting equipment
   without a license is a violation of Section 301 of the Communications Act
   of 1934, as amended, 47 U.S.C. Section 301, and will subject them to fine
   or imprisonment, as well as an in rem seizure of any non-certified radio
   transmitting equipment, in cooperation with the United States Attorney for
   your jurisdiction. Monetary forfeitures normally range from $7,500 to
   $10,000.

   You are requested to contact me at 717-338-2502 to discuss this matter.

   Sincerely,

   W. Riley Hollingsworth

   Special Counsel

   cc: FCC Northeastern Regional Director

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