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CERTIFIED MAIL RETURN RECEIPT REQUESTED
November 18, 2013
Mr. Billy Gonzalez
(Address withheld)
Passaic, New Jersey 07055
Re: Amateur License KC2SKM
Warning Notice
EB-FIELDNER-13-00012189
Mr. Gonzalez:
Since January of 2013, the Commission has received multiple notifications
from the Official Observer (OO) program that you have been operating
outside of your station class, in the so-called "freeband." Indeed,
according to the OOs, you have been sent several OO Advisories explaining
that you were not authorized to be operating in that band, but you have
continued to do so. Since you have continued to operate out of band, the
OOs contacted the Commission and asked us to remind you that your
continued operation outside the scope of your station class constitutes a
violation of our rules. Operation in the so-called "freeband" is
prohibited.
Operation of radio transmitting equipment outside of authorized
frequencies 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.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Cc: Philadelphia 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.