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June 21, 2017

Mr. Anthony J. Barben, Jr.

(Address withheld)

(Address withheld)

Re: Warning Notice

Amateur License W2GAS


Dear Mr. Barben:

The Commission has received a complaint that you have been operating outside

of your station class. In particular, according to the complaint, you have been operating

on frequencies at 20 meters that are reserved for General and Extra Class licensees. The

complainant has contacted the Commission and asked us to remind you that your

continued operation outside the scope of your station class constitutes a violation of our

rules. According to the Commission’s ULS database, you currently hold a Technician

Class license.

Operation of radio transmitting equipment outside of authorized frequencies 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.



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 come 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 following address: 1270 Fairfield Road, Gettysburg, Pennsylvania 17325 and

reference the listed case number.


47 U.S.C. § 301.


Fines normally range from $7,500 to $10,000.


See §§ 401, 501, 503, 510.

In an inquiry of this type we are required to notify you that under the Privacy Act

of 1974, 5 U.S.C. § 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.


Laura L. Smith, Esq.

Special Counsel

Spectrum Enforcement Division

Enforcement Bureau