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CERTIFIED MAIL RETURN RECEIPT REQUESTED
August 2, 2010
Mr. Fred Setser
(Address withheld)
(Address withheld)
Re: WARNING FOR UNLICENSED RADIO OPERATION
EB-10-GB-0092
Dear Mr. Setser:
It has come to the attention of the Federal Communications Commission that
at multiple times in the last several months, you have made radio
transmissions in the amateur bands, for which a license is required.
Commission records indicate that you do not have an amateur license.
Furthermore, it has been reported that at various times in the last
several months you have operated overpowered transmitting equipment on 11
meters that is causing interference to the other CB operators in your
area.
Regarding your operation in the amateur bands, 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.
With respect to your operation of your CB station, the Commission's rules
require that you operate your CB station with an FCC certified CB
transmitter. The rules also prohibit the use of external radiofrequency
power amplifiers (sometimes called linears or linear amplifiers). The
rules further provide that use of a non-certified CB transmitter and/or a
power amplifier voids your authority to operate the station."
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: 1270 Fairfield Road, Gettysburg, PA 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
Special Counsel
Cc: Dallas Field Office
South Central Regional Director
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).