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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                )                                
                                         File No.: EB-11-PA-0121      
     Flatcode Communications, Inc.   )                                
                                         Citation No.: C201132400003  
     Bronx, New York                 )                                



   Adopted: June 27, 2011 Released: June 28, 2011

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:


    1. This is an official CITATION issued pursuant to section 503(b)(5) of
       the Communications Act of 1934, as amended ("Communications Act"), to
       Flatcode Communications, Inc. ("Flatcode") for programming into a
       transmitter frequencies for which the operator of the transmitter was
       not authorized, in violation of section 90.427(b) of the Commission's
       Rules ("Rules").

    2. Flatcode should take immediate steps to come into compliance and to
       avoid any recurrence of this misconduct. As explained below, and as
       provided in the Communications Act, future violations of the Rules in
       this regard may subject your company to substantial monetary
       penalties, seizure of equipment, and criminal sanctions.

   II. background

    3. On March 15, 2011, agents from the Enforcement Bureau's Philadelphia
       Office conducted an investigation and found that Flatcode had
       programmed radio transmitting equipment for the Sheraton Four Points
       ("Sheraton") in Allentown, Pennsylvania with the General Mobile Radio
       Service frequency 462.550 MHz for which the Sheraton was not
       authorized. A representative for Flatcode later admitted to the FCC
       agent during a telephone conversation that Flatcode programmed the
       Sheraton's two-way portable radios.

   III. applicable law and violations

    4. Section 90.427(b) of the Rules states that "[e]xcept for frequencies
       used in accordance with S: 90.417, no person shall program into a
       transmitter frequencies for which the licensee using the transmitter
       is not authorized." By programming radio transmitters with frequencies
       for which the Sheraton was not authorized, Flatcode violated section
       90.427(b) of the Rules.


    5. If, after receipt of this Citation, Flatcode violates the
       Communications Act or the Rules by engaging in conduct of the type
       described herein, the Commission may impose monetary forfeitures of up
       to $16,000 for each such violation or each day of a continuing
       violation and up to $112,500 for any single act or failure to act. In
       addition, violations of the Communications Act or the Rules can result
       in seizure of equipment through in rem forfeiture actions, as well as
       criminal sanctions, including imprisonment.

    6. Flatcode may respond to this Citation within thirty (30) days after
       the release date of this Citation either through (1) a personal
       interview at the closest FCC office, or (2) a written statement. Any
       written statements should specify what actions have been taken by
       Flatcode to ensure that it does not program radio transmitters with
       unauthorized frequencies in the future. Please reference file number
       EB-11-PA-0121 when corresponding with the Commission.

    7. Under the Privacy Act of 1974, any statement or information provided
       by you may be used by the Commission to determine if further
       enforcement action is required. Any knowingly or willfully false
       statement, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment. Please also note that
       section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.


    8. The closest FCC Office is the New York Office in New York. You may
       contact Dan Noel by telephone, (212) 337-1865, to schedule a personal
       interview, which must take place within thirty (30) days after the
       release date of this Citation. You should send any written statement
       within thirty (30) days after the release date of this Citation to:
       Federal Communications Commission, Philadelphia Office, One Oxford
       Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
       Pennsylvania 19047.

    9. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       including as much detail as you can. Also include a way we can contact
       you if we need more information. Please allow at least five (5) days
       advance notice; last minute requests will be accepted, but may be
       impossible to fill. Send an e-mail to or call the
       Consumer & Governmental Affairs Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   To request this document in accessible formats for people with
   disabilities (braille, large print, electronic files, audio format):
   202-418-0530 (voice), 202-418-0432 (tty).


   10. IT IS ORDERED that a copy of this Citation shall be sent both by First
       Class U.S.

   Mail and certified mail to Flatcode Communications, Inc., 1954 Jerome
   Avenue, Bronx, New York 10453.


   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5).

   47 C.F.R. S: 90.427(b).

   The General Mobile Radio Service (GMRS) is a land-mobile radio service
   available for short-distance two-way communications to facilitate the
   activities of an adult individual and his or her immediate family members.
   See 47 C.F.R. S:95.179. A non-individual (any entity that is not an
   individual - such as corporations, partnerships, associations,
   governmental units etc.) is not eligible to obtain a license for a new
   GMRS system.

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   See 47 U.S.C. S: 510.

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

   47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
   written or oral statement of fact, intentionally provide material factual
   information that is incorrect or intentionally omit material information
   that is necessary to prevent any material factual statement that is made
   from being incorrect or misleading; and (2) In any written statement of
   fact, provide material factual information that is incorrect or omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading without a
   reasonable basis for believing that any such material factual statement is
   correct and not misleading.").

   (...continued from previous page)


   Federal Communications Commission DA 11-1111


   Federal Communications Commission DA 11-1111