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Federal Communications Commission
9597 Jones Road, #362
Houston, Texas 77065
April 28, 2006
CERTIFIED MAIL, Return Receipt requested
7002 0860 0001 5426 9484
REF: EB-05-HU-045
Marcus Roberts
W20063254002
3114 Overcross Drive
Houston, Texas 77045-3647
WARNING FOR UNLICENSED RADIO OPERATION
Dear Mr. Roberts:
The Houston Office has received complaints of interference from your
station, but we have been unable to contact you. Therefore, we wanted to
remind you that persons operating Citizen Band Radio Stations are required
to comply with Federal Regulations.
Pursuant to Section 95.404 of the FCC's Rules ("Rules"), you do not need
an individual license to operate a CB station, provided you operate your
CB station in accordance with the Rules.
Pursuant to Section 95.410 of the FCC's Rules, the use of a CB radio with
transmitter power output exceeding 4 watts (AM carrier power) voids the
authority to operate the station. Therefore, any person operating a CB
transmitter that is not FCC certificated or that has been modified (either
internally or externally) or who attaches an external radio frequency
power amplifier (linear amplifier) to a CB transmitter is an unlicensed
operator and is subject to severe penalties. The FCC presumes that you
have used a linear or other external RF power amplifier if it is in your
possession or on your premises. The FCC also presumes that you have used a
linear or other external RF power amplifier if there is other evidence,
such as on-scene monitoring equipment or power measurements that suggest
you have been operating a CB station with excessive power. In addition,
the Rules prohibit communicating or attempting to communicate with any CB
station more than 250 kilometers away or installing a fixed antenna more
than 20 feet higher than the highest point of the building or tree on
which it is mounted or more than 60 feet above the ground. Violation of
these Rules also voids the authority to operate a CB station.
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, and may subject the operator to
substantial monetary fines, 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.
USE OF A NON-CERTIFIED CB TRANSMITTER, A MODIFIED CB TRANSMITTER, A POWER
AMPLIFICATION DEVICE, OR IMPERMISSIBLY HIGH ANTENNA IS STRICTLY
PROHIBITED.
If your station operation complies with federal regulations, then you need
not respond to this letter. Should you choose to respond, we will use all
relevant material, including the material you submit, to decide if further
enforcement is necessary to ensure your compliance with our Rules.
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 C.F.R. S 95.404.
47 C.F.R. S 95.410.
47 C.F.R. S 95.404.
See 47 C.F.R. SS 95.409, 95.411.
47 C.F.R. S 95.408, 95.413.
47 U.S.C. S 301.
See 47 U.S.C. SS 401, 501, 503, 510.
5 U.S.C. S 552a(e)(3).