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                       FEDERAL COMMUNICATIONS COMMISSION
                              ENFORCEMENT BUREAU
                                   Region 1

                                New York Office
                         201 Varick Street, Suite 1151
                           New York, New York 10014
                                 212-337-1865

                                 July 11, 2016


T.G. Nickel
New York, New York

                        NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-16-00022103	Document Number:
	W201632380051

The New York Office received a complaint of unlicensed operation on
455.500 MHz in New York, New York.  On July 5, 2016, agents from this
office confirmed by direction finding techniques that radio signals on
frequency 455.500 MHz were emanating from RCA portable two-way radio
equipment used by employees of T.G. Nickel at a construction site at
16 W 40[th] New York, New York.  The Commission's records show that no
license was issued for operation on 455.500 MHz at this location in New
York, New York.

Radio stations operating on many frequencies, including 455.500 MHz,
must be licensed by the FCC pursuant to 47 U.S.C. § 301.  The only
exception to this licensing requirement is for certain transmitters
using or operating at a power level or mode of operation that complies
with the standards established in Part 15 of the Commission's rules,
47 C.F.R. §§ 15.1 et seq.  The RCA transmitters used by T.G. Nickel
are authorized under Part 90 of the Commission's Rules and may only be
operated with a valid FCC radio station license.  Thus, this station is
operating in violation of 47 U.S.C. § 301.

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. §§ 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. § 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
Regional Director
Region 1
Enforcement Bureau
Federal Communications Commission




Attachments:
	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet", March 2005