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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Dr., Ste 105
Pleasanton, CA 94588-8543
December 10, 2007
Remedial Construction Services, L.P.
Houston, Texas 77064
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-SF-282
Document Number: W20083296002
The San Francisco Office received a complaint from the National Park
Service (NPS) reporting that an unlicensed radio station on 173.675 MHZ
was operating in the Fresno, California vicinity causing interference to
Sequoia and Kings National Park (SEKI), California radio operations. This
channel was authorized for government-only use and was assigned for
air-to-ground and flight-follow usage. On November 2, 2007, an agent from
this office confirmed by direction finding techniques that radio signals
on frequency 173.675 MHz were emanating from transceivers used by
Remedial Construction Services, L.P. (RECON) employees in the vicinity of
3265 South Golden State Blvd and Frontage Road, Fresno, California. The
Commission's records show that no license was issued for your business
operation on 173.675 MHz at this location in Fresno, California, as the
frequency is authorized for Federal Government use only.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
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 of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. (See 47 U.S.C.
S:S: 401, 501, 503 and 510.)
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
Inspection of your radio equipment revealed that three other channels,
152.075, 173.900, and 147.050 MHz, were installed in the mobile
transceivers. The frequency 173.900 MHz is for Federal Government use
only, and the frequency 147.050 MHz is for use by the Amateur Radio
Service only. Be advised that RECON has no authority to operate on any of
these frequencies.
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 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.
Thomas N. Van Stavern
District Director
San Francisco Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005