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                           ENFORCEMENT BUREAU
                            NORTHEAST REGION

                             Buffalo Office
                       Room 1307 Federal Building
                            111 W. Huron St.
                        Buffalo, New York 14202

                             April 6, 2005
Roswell           Park            Cancer           Institute                                                           
Case # EB-05-BF-0039 
Raymond Jones/Department Head                        Warn. 
Ltr. # W20053228001
Elm & Carlton                                                                                   
Buffalo, New York 14263     via Certified and 1st Class Mail


Dear Mr. Jones:

This office  has information that  you may have  operated an 
unlicensed radio station  on 453.250 and 458.250  MHz at the 
Roswell  Park Cancer  Institute, Buffalo,  New York.   Radio 
transmitting equipment,  including broadcast  stations, must 
be  licensed  by  the  FCC.   The  only  exception  to  this 
licensing requirement  is for certain transmitters  using or 
operating at a power level  that complies with the standards 
established  in Part  15  of the  Commission's rules.1   For 
example, Section  15.239 of  the Commission's  Rules permits 
non-licensed operation  of broadcast stations  that transmit 
on a frequency between 88 and  108 MHz to operate at a field 
strength  of 250  V/m as  measured at  a distance  of three 
meters  from  the  transmitting antenna.2   Different  field 
strength  limits  apply  to   stations  operating  on  other 

Operation of  radio transmitting  equipment without  a valid 
FCC authorization or  license is a violation  of Section 301 
of  the Communications  Act of  1934, as  amended,3 and  may 
subject  the  responsible  parties to  substantial  monetary 
forfeitures,  in rem  arrest  action  against the  offending 
radio   equipment,   and    criminal   sanctions   including 
imprisonment.4   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 this  warning to 
respond with proof  of your license or  authority to operate 
granted by  the FCC.   Your response should  be sent  to the 
address  in the  letterhead  and reference  the listed  case 
number.  Under the Privacy Act of 1974, we are informing you 
that the  Commission's staff will use  all relevant material 
information before it to determine what, if any, enforcement 
action  is  required  to  ensure your  compliance  with  FCC 
Rules.5  This will include any information that you disclose 
in your reply.

Issuing Agent:

Gene J. Stanbro
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau

1 47 C.F.R. 15.1 et  seq.
2 47 C.F.R.  15.239.
3 47 U.S.C.  301.
4 See 47 U.S.C.  401, 501, 503, 510.
5 5 U.S.C.  552a(e)(3).