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                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                 Dallas Office

                          9330 LBJ Freeway, Suite 1170

                                Dallas, TX 75243

   December 9, 2009

   Tim Lusk

   dba Triangle Market

   Alpine, TX


   Case Number: EB-09-DL-0085 Document Number: W201032500009

   On December 1, 2009, in response to a complaint of interference, agents
   from the Commission's Dallas Office of the Enforcement Bureau, inspected
   Triangle Market, located at 1500 W Highway 90, Alpine, Texas and observed
   a radio transmitting device designed to jam licensed cellular radio
   transmissions in the 824-849 and 869-894 MHz frequency bands as well as
   other licensed frequency bands in operation. During the inspection you
   admitted that the unit had been in operation and you disconnected the unit
   from the power supply.

   Persons operating or using radio transmitters must be licensed or
   authorized by the Commission, pursuant to Section 301 of the
   Communications Act of 1934, as amended ("Act").1 In addition, radio
   transmitting equipment must comply with the Commission's Rules ("Rules").2
   Section 333 of the Act prohibits willful or malicious interference with
   any radio communications of any station licensed or authorized by or under
   the Act or operated by the United States Government.3 In addition, Section
   302(b) of the Act, and Section 2.803(a) of the Rules prohibit the
   manufacture, importation, marketing, sale or operation of devices
   deliberately designed to jam or disrupt wireless communications.4 The
   Commission has issued two Public Notices specifically stating that the
   sale and use of transmitters designed to prevent, jam or interfere with
   the operation of cellular and personal communications service ("PCS")
   telephones is unlawful.5 Section

   1  47 U.S.C. S: 301. The only exception to this licensing requirement is
   for certain transmitters using or operating at a
   power level that complies with the standards established in Part 15 of the
   Commission's rules. 47 C.F.R. S:S: 15.1 et

   2 47 C.F.R. Part 2, Subpart J.

   3  47 U.S.C. S: 333.

   4 47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a).

   5  See Office of Engineering and Technology and Compliance and Information
   Bureau Warn Against the
   Manufacture, Importation, Marketing or Operation of Transmitters Designed
   to Prevent or Otherwise Interfere with
   Cellular Radio Communications. DA 99-2150, released October 12, 1999; Sale
   or Use of Transmitters Designed to

   303(n) of the Act also authorizes agents of the Commission to inspect all
   radio installations to determine compliance with Commission rules.6

   The operation of the devices utilized by you constitutes a violation of
   Sections 333, 302(b), and 301 of the Act, as described above.7 Such
   operation may subject you to substantial monetary forfeitures, in rem
   arrest action against the offending radio equipment, and criminal
   sanctions including imprisonment.8 Because unauthorized operation creates
   a danger of interference to important radio communications services, and
   may subject the operator to severe penalties, this notice emphasizes the
   importance of complying strictly with these legal requirements.


   You may respond with any information you believe relevant to this warning
   within (10) days from the date of this warning. Your response should be
   sent to the address in the letterhead and reference the listed case
   number. Under the Privacy Act of 1974, we are informing you that the
   Commission's staff will use all relevant material information before it to
   determine what, if any, enforcement action is required to ensure your
   compliance with FCC Rules.9 This will include any information that you
   disclose in your reply.


   James D. Wells District Director Dallas  Office South Central Region


   Excerpts from the Communications Act of 1934, As Amended Enforcement
   Bureau, "Inspection Fact Sheet", March 2005

   Prevent, Jam or Interfere with Cell Phone Communications is Prohibited in
   the United States. DA 05-1776, released June 27, 2005.

   647 U.S.C. S: 303(n).

   747U.S.C. S:S:301,302a(b),333. 8See 47 U.S.C. S:S: 401, 501, 503, 510. 9 5
   U.S.C. S: 552a(e)(3).