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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
September 12, 2006
Darren J. White Case Number: EB-05-DL-104
Oklahoma City, Oklahoma Document Number: W20063250004
NOTICE OF UNLICENSED OPERATION
The Dallas Office received information that you were operating a station
in the Citizen Band (CB) with excessive power. On July 20, 2006, an agent
from this office confirmed by direction finding techniques that radio
signals on frequency 27.185 MHz were emanating from your residence in
Oklahoma City, Oklahoma. An inspection of your station showed that you
were using a Magnum Delta Force transceiver. This transceiver has not been
certificated by the FCC for use at a CB station. Thus, this station was
operating in violation of 47 U.S.C. S 301.
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 95.409 of the FCC's Rules, you must use an FCC
certificated CB transmitter at your CB station. Use of a transmitter which
is not FCC certificated voids the authority to operate the station.
Therefore, any person operating a CB transmitter that is not FCC
certificated or that has been modified internally or who attaches an
external radio frequency power amplifier (linear amplifier) to a CB
transmitter is by rule 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. Violation of these Rules also voids the
authority to operate a CB station. 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 60 feet above
the ground or more than 20 feet higher than the highest point of the
building or tree on which it is mounted.
USE OF A NON-CERTIFIED CB TRANSMITTER, A MODIFIED CB TRANSMITTER, A POWER
AMPLIFICATION DEVICE, OR IMPERMISSIBLY HIGH ANTENNA IS STRICTLY
PROHIBITED.
You are hereby warned that 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.
Section 302(b) of the Act provides "No person shall manufacture, import,
sell, offer for sale, or ship devices or home electronic equipment and
systems, or use devices, which fail to comply with regulations promulgated
pursuant to this section." Section 2.803(a)(1) of the Rules provides that
"...no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless: (1) In the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled..."
The Magnum Delta Force transceiver is not authorized by the Commission and
as such you are warned that you may not sell or lease, or offer for sale
or lease (including advertising for sale or lease) the Magnum Delta Force
transceiver.
You have ten (10) days from the date of this notice to respond with any
evidence that your station is now in compliance with the Rules. Your
response should be sent to the address in the letterhead and reference the
listed case and document number. 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.
James D. Wells
District Director
Dallas Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
47 C.F.R. S 95.404.
47 C.F.R. S 95.409.
47 C.F.R. S 95.404.
See 47 C.F.R. SS 95.409, 95.411.
47 C.F.R. SS 95.408, 95.413.
47 U.S.C. S 301.
See 47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1