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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
August 16, 2010
Eugene Gunn
Pittsburgh, Pennsylvania
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-PA-0205
Document Number: W201032400010
The Commission received a complaint alleging that the operation of your
Citizens Band ("CB") radio station in Pittsburgh, Pennsylvania is causing
harmful interference to home electronic and entertainment equipment
including televisions and telephones. As described below, an agent from
the Enforcement Bureau's Philadelphia Office found during an investigation
that you were operating your CB station at your residence in Pittsburgh,
Pennsylvania in a manner that voided your authorization to operate.
Section 95.411(a) and (b) of the Rules provides that CB operators shall
not attach to their CB stations external radio frequency power amplifiers
("linear amplifiers") or any other devices which are capable of amplifying
a CB station's signal and that operators will be presumed to have used a
linear amplifier if the linear amplifier is in the operator's possession
or on the operator's premises. Section 95.411(b) states that use of a
linear amplifier voids the authority to operate. On July 21, 2010, an
agent from this office conducted an inspection of your CB station and
observed several linear amplifiers. You admitted to the agent that you
repair and test linear amplifiers and use a linear amplifier with the CB
station in your vehicle.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of 47
U.S.C. S: 301 and could subject you to severe penalties, including, but
not limited to, substantial monetary fines, in rem arrest action against
the offending radio equipment, and criminal sanctions including
imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510).
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
If the harmful interference continues, the FCC may impose restricted hours
of operation for your CB station, pursuant to Section 95.423 of the Rules.
In addition, the Commission may commence a further investigation to
determine whether you continue to operate your station in violation of any
of the Commission's Rules.
You have ten (10) days from the date of this notice to respond with any
evidence that you are now operating your station in accordance with the
Rules. Your response should be sent to the address in the letterhead and
reference the listed case and document number. Under the Privacy Act of
1974, 5 U.S.C. S: 552a(e)(3), 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. This will include any information that you disclose in
your reply.
You may contact this office if you have any questions.
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
47 C.F.R. S:S: 95.411(a) and (b).
47 C.F.R. S: 95.411(b).