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   January 7, 2013

   Mr. Danny Hamm

   D&D Underground Utilities, Inc.

   (Address withheld)

   (Address withheld)



   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.


   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.


   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.