Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                                 Buffalo Office

                         6400 Sheridan Drive, Suite 140

                            Williamsville York 14221

                                  May 10, 2011

    (Sent via Certified Return Receipt Requested and First Class U.S. Mail)

   Robert Schwaninger

   ARB Upstate Communications LLC

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-BF-0007

   Document Number: W201132280001

   On January 4, 2011, the Commission received a complaint from Hightower
   Upstate Communications LLC, the licensee of Land Mobile Radio Station
   WQLE570, alleging ARB Upstate Communications LLC was operating radio
   transmitting equipment near Rotterdam, New York on the frequencies
   452.3625 MHz, 462.1125 MHz, 463.6625 MHz, 466.8375 MHz, 468.3875 MHz,
   461.8375 MHz, 463.3875 MHz, 457.3625 MHz, 467.1125 MHz and 468.6625 MHz
   469.950 MHz without FCC authorizations. A check of Commission records
   indicates no authorization has been issued to ARB Upstate Communications
   LLC to operate on those frequencies in the Rotterdam area. The only
   authorizations for operation on those frequencies in the Rotterdam area
   have been issued to Hightower Upstate Communications, LLC. In a response
   to a Letter of Inquiry (dated April 12, 2011), you stated , "In specific
   response to the Bureau's inquiry, ARB does not possess a current
   authorization to operate on the subject channels".

   Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
   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 the operator 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.

   You have ten (10) days from the date of this notice to respond with any
   evidence that you have authority to operate granted by the FCC. 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.

   David Viglione

   Resident Agent

   Buffalo Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005