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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
December 13, 2007
City of Camden Board of Education
Camden, New Jersey
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-PA-347
Document Number: W20083240006
The Philadelphia Office received a complaint alleging that the City of
Camden Board of Education in Camden, New Jersey has been operating radio
transmitting equipment on the General Mobile Radio Service ("GMRS")
frequency 462.700 MHz without a license. On November 14, 2007, an agent
from this office inspected the radio transmitting equipment used by the
City of Camden Board of Education and found that it was operating on the
frequency pair 462.700 MHz and 467.700 MHz. The Commission's records show
that GMRS station KAE2685, which authorized operation on the frequency
pair 462.700 MHz and 467.700 MHz in Camden, New Jersey, expired July 22,
2002. This office also has information that you may have also operated
radio-transmitting equipment on the frequency pair 463.300 MHz and 468.300
MHz without a license.
Section 95.1 of the Commission's Rules specifies that GMRS is a land
mobile radio service available to persons for short distance two-way
communications to facilitate the activities of licensees and their
immediate family members. Although non-individuals were eligible to
obtain GMRS licenses prior to 1987, Section 95.5(a) now provides that only
individuals are eligible to obtain such licenses. Section 95.5(b) of the
Rules specifically provides that "a non-individual (an entity other than
an individual) is ineligible to obtain a new GMRS system license.
Radio transmitting equipment 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 47 U.S.C. S: 301 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. S:S: 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 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.
Gene J. Stanbro
District Director
Philadelphia Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
47 C.F.R. S: 95.1.
47 C.F.R. S: 95.5.(a).
47 C.F.R. S: 95.5(b).