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   August 2, 2010

   Mr. Fred Setser

   (Address withheld)

   (Address withheld)



   Dear Mr. Setser:

   It has come to the attention of the Federal Communications Commission that
   at multiple times in the last several months, you have made radio
   transmissions in the amateur bands, for which a license is required.
   Commission records indicate that you do not have an amateur license.
   Furthermore, it has been reported that at various times in the last
   several months you have operated overpowered transmitting equipment on 11
   meters that is causing interference to the other CB operators in your

   Regarding your operation in the amateur bands, 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.

   With respect to your operation of your CB station, 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."


   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: 1270 Fairfield Road, Gettysburg, PA 17325 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.


   Laura L. Smith

   Special Counsel

   Cc: Dallas Field Office

   South Central Regional Director

   47 U.S.C. S: 301.

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

   See S:S: 401, 501, 503, 510.

   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).