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                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                              Philadelphia Office

                     One Oxford Valley Building, Suite 404

                           2300 East Lincoln Highway

                         Langhorne, Pennsylvania 19047

                                 (215) 741-3016

                               November 21, 2013

   James Engle

   Lewiston, New York

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-FIELDNER-13-00010840

   Document Number: W201432400002

   The Philadelphia Office received a complaint that you were operating your
   Citizens Band (CB) Station with excessive power and intentionally causing
   harmful interference to other CB stations.

   On October 23, 2013 the Philadelphia Office monitored your CB Station and
   observed you intentionally interfering with other CB communications.
   Section 95.413(a) (3) of the Commission's rules states, "You must not use
   a CB station - To interfere intentionally with the communications of
   another CB station."

   On October 24, 2013, the Philadelphia Office inspected your CB Station and
   found that you owned four radio transmitters which were transmitting with
   more than 4 watts carrier power or were not certificated CB transmitters.^
   The agents also found that you owned and operated linear amplifiers that
   you use with your radio transmitters.

   The CB Service is licensed by rule. This means an individual license is
   not required to operate a CB device. However, you void your authority to
   operate your CB station if you use a transmitter which has carrier or peak
   envelope power in excess of that authorized, use a linear amplifier, use a
   non-certificated CB transmitter, or make any internal modification to your
   certificated CB transmitter. See 47 C.F.R. SS 95.409(a), 95.410(c), and

   Operation of radio transmitting equipment without a valid FCC
   authorization or license is a violation of Section 301 of the
   Communications Act of 1934, as amended,^ and may subject the responsible
   parties to substantial monetary forfeitures, in rem arrest action against
   the offending radio equipment, and criminal sanctions including
   imprisonment.^ Because unlicensed 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 are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization constitutes a violation of the
   Federal laws cited above 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. SS 401, 501, 503 and


   You have ten (10) days from the date of this notice to respond with any
   evidence that you ceased operating non-certificated CB transmitting
   equipment, ceased operating CB transmitting equipment with excessive
   power, ceased operating a CB linear amplifier, and stopped causing
   intentional interference to other CB stations. 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 C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ During the inspection at James Engle's residence on October 24, 2013,
   the agents found the following radios: Cobra 2000 GTL, Uniden 40 CH AM/SSB
   CB Base Station Model: Washington, Galaxy DX99V and a Kenwood TS-440S HF
   Transceiver. The Cobra 2000 GTL is a CB transmitter but had a transmitter
   output power of 6.6 watts. The Uniden 40 is a certified CB transmitter but
   had a transmitter output power of 8.0 watts. The Commission has not
   authorized the Galaxy DX99V and Kenwood TS-440S for operation in the CB
   Radio Service frequency band (26.965 MHz through 27.405 MHz). The Galaxy
   DX99V is marketed to operate in the 10 meter band and the Kenwood TS-440S
   is marketed to operate from 10 meters to 160 meters.

   47 U.S.C. S 301.

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