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                       FEDERAL COMMUNICATIONS COMMISSION
                              ENFORCEMENT BUREAU
                                  REGION ONE

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

                                August 25, 2016


Oliviero Construction Corporation
New York, New York

                        NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-16-00022373	Document Number:
	W201632380063

The New York Office received a complaint of unlicensed operation on
455.2125 MHz in New York, New York.  On August 17, 2016, agents from this
office confirmed by direction finding techniques that radio signals on
frequency 455.2125 MHz were emanating from Kenwood portable two-way radio
equipment used by employees of Oliviero Construction Corporation (OCC) at
a construction site at 685 1[st] Street New York, New York.  These same
portable radios also operated on the frequencies 465.7125 MHz, 466.8125
MHz, 452.2125 MHz, and 430.2125 MHz.  The Commission's records show that
no license was issued for operation of a radio station on 455.2125 MHz,
or any of the aforementioned frequencies, at this location in New York,
New York.

Radio stations operating on many frequencies, including 455.2125 MHz
and the other frequencies mentioned above, 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 Kenwood transmitters used by OCC 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 One
Enforcement Bureau
Federal Communications Commission




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