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                       Federal Communications Commission

                               Enforcement Bureau

                                Northeast REGION

                                Columbia Office
                              9200 Farm House Lane

                               Columbia, MD 21046

                                  June 6, 2011

   James K. Tepfenhart

   Felton, DE

                   Warning for UnAUTHORIZED Radio Operation 


                           Case Number: EB-11-CF-0056

                         Document Number: W201132340004

   This office has information that you have operated a radio transmitting
   device designed to jam cell phone transmissions on a school bus in the
   Dover, Delaware area which has caused interference to licensed
   communications services. During a telephone conversation on May 23, 2011
   with the owner of the school bus company, you admitted that you own a cell
   phone jammer and that you had previously used the jammer to prevent
   students from using their cell phones on your school bus. You also
   reported that you have not used the jammer in several months.

   Persons operating or using radio transmitters must be licensed or
   authorized by the FCC pursuant to section 301 of the Communications Act of
   1934, as amended. In addition, radio transmitting equipment must comply
   with FCC rules. 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. In addition, section 302(b) of the Act, and section 2.803 of
   the Commission's rules, prohibit the manufacture, importation, marketing,
   sale or operation of devices deliberately designed to jam or disrupt
   wireless communications. The Commission has issued two Public Notices and
   an Enforcement Advisory specifically stating that the sale and use of
   transmitters designed to prevent, jam or interfere with the operation of
   cellular telephones, personal communications service (PCS) telephones, and
   Global Positioning System ("GPS") transmissions is unlawful.

   The operation of the device utilized by you may constitute a violation of
   sections 333, 302(b), and 301 of the Act, as described above. Such
   operation may subject you to substantial monetary forfeitures, in rem
   arrest action against the offending radio equipment, and criminal
   sanctions including imprisonment. Because unauthorized 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.


   You may respond with any information you believe relevant to this warning
   within (10) days from the date of this notice. 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. This will include any information that you
   disclose in your reply.

   Be advised that this notice does not preclude this office from pursuing
   additional sanctions based upon our investigation of this incident.

   Soloman Satche

   District Director

   Columbia Office

   CC: Dawson Bus Service Inc.

   Camden, DE.

   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 seq.

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

   47 U.S.C. S: 333.

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

   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 Prevent, Jam or Interfere with Cell Phone
   Communications is Prohibited in the United States. DA 05-1776, released
   June 27, 2005; Cell Jammers, GPS Jammers, and Other Jamming Devices,
   CONSUMERS BEWARE: It is Unlawful to Use "Cell Jammers" and Other Equipment
   that Blocks, Jams, or Interferes with Authorized Radio Communications in
   the U.S., Enforcement Advisory, DA 11-250 (2011).

   47 U.S.C. S:S: 301, 302a(b), 333.

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

   5 U.S.C. S: 552a(e)(3).

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