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CERTIFIED MAIL RETURN RECEIPT REQUESTED
January 7, 2013
Mr. Danny Hamm
D&D Underground Utilities, Inc.
(Address withheld)
(Address withheld)
Re: WARNING FOR UNLICENSED RADIO OPERATION
EB-FIELDNER-13-00005902
Dear Mr. Hamm:
It has come to the attention of the Federal Communications Commission that
at multiple times in the last several months employees of D&D Underground
Utilities, have made radio transmissions on 146.500 MHz in the amateur
band, for which a license is required. You have no such license.
Operation of radio transmitting equipment without a valid FCC
authorization 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.
UNAUTHORIZED OPERATION OF THIS RADIO STATION MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to come into compliance with the Commission's rules and
should include a time line for completion of pending corrective action(s).
You are directed to support your response with a signed and dated
affidavit or declaration under penalty of perjury, verifying the truth and
accuracy of the information submitted in your response. Your response
should be sent to the following address: 1270 Fairfield Road, Gettysburg,
Pennsylvania 17325 and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me via telephone at 717-338-2577 should you wish to
discuss this matter.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
Cc: Detroit Field Office
Northeast Regional Director
^ 47 U.S.C. S 301.
^ Fines normally range from $7,500 to $10,000.
^ See SS 401, 501, 503, 510.