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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-09-PA-0083 

   Diamond Tool  )

   ) Citation No.: C200932400001

   Philadelphia, Pennsylvania )


                                                     Released: April 24, 2009

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to Diamond Tool 
       ("Diamond") for violation of Section 90.427(b) of the Commission's
       Rules ("Rules").

    2. An investigation by the Enforcement Bureau's Philadelphia Office
       revealed that Diamond  had programmed radio transmitting equipment
       with the frequency  461.0375 MHz for which Merchant Construction Co.,
       Inc. in Woodbury, New Jersey was not authorized. 

    3. Section 90.427(b) of the  Rules states "[e]xcept for frequencies used
       in accordance with S: 90.417, no person shall program into a
       transmitter frequencies for which the licensee using the transmitter
       is not authorized." By programming portable radio transmitters with
       frequencies  for which Merchant Construction Co., Inc.  is not
       authorized, Diamond violated Section 90.427(b) of the Rules.

    4. Violations of the Act or the Commission's Rules may subject the
       violator to substantial monetary forfeitures, seizure of equipment
       through in rem forfeiture action, and criminal sanctions, including

    5. Diamond Tool may request an interview at the closest FCC Office, which
       is Federal Communications Commission, One Oxford Valley, Suite 404,
       2300 E. Lincoln Highway, Langhorne, PA  19047. You may contact this
       office by telephone, (XXX) XXXX-XXXX to schedule this interview, which
       must take place within 14 days of this Citation. Diamond Tool may also
       submit a written statement to the above address within 14 days of the
       date of this Citation. Any written statements should specify what
       actions have been taken to correct the violation outlined above.
       Please reference file number EB-09-PA-0083  when corresponding with
       the Commission.

    6. Any statement or information provided by you may be used by the
       Commission to determine if further enforcement action is required. Any
       knowingly or willfully false statement made in reply to this Citation
       is punishable by fine or imprisonment.

    7. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to
       Diamond Tool  at its record of address.


   Gene J. Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. 90.427(b).

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S: 503(b)(5).

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission