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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                 Dallas Office

                          9330 LBJ Freeway, Suite 1170

                                Dallas, TX 75243

                                 (214) 575-6361

                               November 16, 2015

   Michael Stutes

   204 County Road 179
   Gary, Texas 75643-4951

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-FIELDSCR-15-00020301  Document Number: W20163250001

   On November 2, 2015in response to a complaint from Cellular One of radio
   frequency interference (RFI) affecting the frequency range of 830.3MHz to
   834.4 MHz in Gary, TX, an agent from this office investigated the source
   of the RFI. On November 9, 2015, Mr. Michael Stutes of 204 County Road
   179, Gary, Texas 75643 admitted that he owned a Bi-Directional amplifier
   (BDA). Mr. Stutes disconnected the power from the BDA. Since then, the
   interference has ceased. The Commission's records show that no license has
   been issued to Michael Stutes for operation of this station from this
   location in Gary, Texas.

   Cellular One has a license to provide cellular communications on 830.3 MHz
   to 834.4 MHz. Section 22.383 of the Commission's Rules, which applies to
   public mobile service licensees like Cellular One, provides that
   "[l]licensees may install in-building radiation systems without applying
   for authorization or notifying the FCC, provided that the locations of the
   in-building radiation systems are within the protected service area of the
   licensee's authorized transmitter(s) on the same channel or channel
   block."^  A licensee's authority to install a BDA does not permit a
   subscriber to install a BDA, unless that subscriber has received explicit
   authorization from the licensee to do so.  In response to an inquiry from
   an FCC agent, Cellular One reported that it did not provide you
   authorization to install a BDA.

   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.

                   UNLICENSED OPERATION MUST NOT BE RESUMED.

   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 or have
   obtained consent from a licensed Common Carrier. To resolve the issues
   with respect to your authority to operate this device, and pursuant to
   Section 403 of the Communications Act of 1934, as amended,^ provide an
   explanation as to what has been done to correct the interference issue and
   to ensure that it will not recur; provide any agreements made with any
   cellular carrier to operate the system and include any relevant documents.
   Identify the make, model and serial number of each piece of equipment
   including the antennas if applicable.

   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.

   James D. Wells

   District Director

   Dallas District Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005

   47 C.F.R. S 22.383.

   47 U.S.C. S 301.

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

   47 U.S.C. S 403.