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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Chicago District Office
1550 North Northwest Hwy, Suite 306
Park Ridge, IL 60068
July 25, 2006
Mark Goodin Case Number: EB-06-CG-455
Elizabethtown, KY Document Number: W20063232003
NOTICE OF UNLICENSED OPERATION
This office has received information from the Elizabethtown, Kentucky
Police Department regarding interference to its radio communication
system. Specifically, the Elizabethtown Police Department reported to us
that, from approximately June 26 to July 24, 2006, you operated a
transmitter on 155.250 MHz and intentionally caused interference to police
radio communications. There is no record in the Commission's licensing
database that you have an authorization to operate a transmitter on
155.250 MHz.
Radio stations must be licensed by the FCC pursuant to Section 301 of the
Communications Act of 1934, as amended ("Act"). Your operation on 155.250
MHz without a license violated Section 301 of the Act. In addition,
Section 333 of the Act provides that no person shall willfully or
maliciously interfere with or cause interference to any radio
communications of any station licensed under the Act. By intentionally
interfering with police radio communications, you violated Section 333 of
the Act.
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of the
Federal laws cited above and could subject the operator to severe
penalties, including, but not limited to, substantial monetary fines, in
rem arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. (see 47 U.S.C. SS 401, 501, 503 and
510).
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. Your
response should be sent to the address in the letterhead and reference the
listed case. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), 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. This will include any
information that you disclose in your reply.
You may contact this office if you have any questions.
G. Michael Moffitt
District Director
Chicago Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended EXCERPTS FROM THE
COMMUNICATIONS ACT OF 1934, AS AMENDED
Section 301. License for Radio Communication or Transmission of Energy
It is the purpose of this Act, among other things, to maintain the control
of the United States over all the channels of radio transmission; and to
provide for the use of such channels, but not the ownership thereof, by
persons for limited periods of time, under licenses granted by Federal
authority, and no such license shall be construed to create any right,
beyond the terms, conditions, and periods of the license. No person shall
use or operate any apparatus for the transmission of energy or
communications or signals by radio (a) from one place in any State,
Territory, or possession of the United States or in the District of
Columbia to another place in the same State, Territory, possession, or
District; or (b) from any State, Territory, or possession of the United
States, or from the District of Columbia to any other State, Territory, or
possession of the United States; or (c) from any place in any State,
Territory, or possession of the United States, or in the District of
Columbia, to any place in any foreign country or to any vessel; or (d)
within any State when the effects of such use extend beyond the borders of
said State, or when interference is caused by such use or operation with
the transmission of such energy, communications, or signals from within
said State to any place beyond its borders, or from any place beyond its
borders to any place within said State, or with the transmission or
reception of such energy, communications, or signals from and/or to places
beyond the borders of said State; or (e) upon any vessel or aircraft of
the United States (except as provided in section 303(t); or (f) upon any
other mobile stations within the jurisdiction of the United States, except
under and in accordance with this Act and with a license in that behalf
granted under the provisions of this Act.
Section 303. General Powers of The Commission
Except as otherwise provided in this Act, the Commission from time to
time, as public convenience, interest, or necessity requires shall-
...
(n) Have authority to inspect all radio installations associated with
stations required to be licensed by any Act, or which the Commission by
rule has authorized to operate without a license under Section 307(e)(1),
or which are subject to the provisions of any Act, treaty, or convention
binding on the United States, to ascertain whether in construction,
installation, and operation they conform to the requirements of the rules
and regulations of the Commission, the provision of any Act, the terms of
any treaty or convention binding on the United States and the conditions
of the license or other instrument of authorization under which they are
constructed, installed, or operated.
Section 333. Willful or Malicious Interference
No person shall willfully or maliciously interfere with or cause
interference to any radio communications of any station licensed or
authorized by or under this Act or operated by the United States
Government.
Section 501. General Penalty
Any person who willfully and knowingly does or causes or suffers to be
done any act, matter, or thing, in this Act prohibited or declared to be
unlawful, or who willfully or knowingly omits or fails to do any act,
matter, or thing in this Act required to be done, or willfully and
knowingly causes or suffers such omission or failure, shall, upon
conviction thereof, be punished for such offense, for which no penalty
(other than a forfeiture) is provided in this Act, by a fine of not more
than $10,000 or by imprisonment for a term not exceeding one year, or
both; except that any person, having been once convicted of an offense
punishable under this section, who is subsequently convicted of violating
any provision of this Act punishable under this section, shall be punished
by a fine of not more than $10,000 or by imprisonment for a term not
exceeding two years, or both.
Section 503. Forfeitures in Cases of Rebates and Offsets
...
(b)(1) Any person who is determined by the Commission ... to have--
...
(B) willfully or repeatedly failed to comply with any of the provisions of
this Act or of any rule, regulation, or order issued by the Commission
under this Act or under any treaty, convention, or other agreement to
which the United States is a party and which is binding on the United
States;
...
shall be liable to the United States for a forfeiture penalty.
....
Section 510. Forfeiture of Communications Devices
(a) Any electronic, electromagnetic, radio frequency, or similar device,
or component thereof, used, sent, carried, manufactured, assembled,
possessed, offered for sale, sold or advertised with willful and knowing
intent to violate Section 301 or 302, or rules prescribed by the
Commission under such sections, may be seized and forfeited to the United
States.