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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-NY-176
Micromagic Co., Inc. )
) Citation No.: C20063238007
Brooklyn, NY 11223 )
CITATION
Released: August 31, 2006
By the District Director, New York District Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Micromagic Co.,
Inc. for violation of Section 90.427(b) of the Commission's Rules.
2. An investigation by the Enforcement Bureau's New York Office on July
25, 2006, revealed that Micromagic Co., Inc. had programmed
transmitters with frequencies for which private land mobile licensee,
Rany Management Group Inc., was not authorized by its licenses.
Section 90.427(b) states that "[e]xcept for frequencies used in accordance
with S 90.417, no person shall program into a transmitter frequencies for
which the licensee using the transmitter is not authorized." Micromagic
Co. Inc.'s programming of radios with frequencies for which Rany
Management Group Inc. was not authorized violates this section.
3. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
4. Micromagic Co., Inc. may request an interview at the closest FCC
Office, which is Federal Communications Commission, 201 Varick Street,
Suite 1151, New York, NY 10014. You may contact this office by
telephone, XXXXXXXXXXXXXX, to schedule this interview, which must take
place within 14 days of this Citation. Micromagic Co., Inc. may also
submit a written statement to the above address within 14 days of the
date of this Citation. Any written statements should specify what
actions have been taken to correct the violation outlined above.
Please reference file number EB-06-NY-176 when corresponding with the
Commission.
5. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
6. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Micromagic Co., Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 503(b)(5).
47 C.F.R. S 90.427(b).
47 C.F.R. S 90.427(b).
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission