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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
January 14, 2008
Harrison Township Water Authority
Natrona Heights, Pennsylvania
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-PA-396
Document Number: W20083240007
On November 21, 2007, the Commission's Philadelphia Office received a
complaint alleging that Harrison Township Water Authority ("Harrison") was
operating on the unauthorized General Mobile Radio Service ("GMRS")
frequencies 462.650 MHz and 467.650 MHz. On December 7, 2007, an agent
inspected the radio communications equipment at Harrison and found that
Harrison was operating mobile radios in its vehicles on the frequency
467.650 MHz, a control station at its main office in Natrona Heights,
Pennsylvania on the frequency 467.650 MHz, and a repeater station on the
frequency 462.650 MHz in Lower Burrell, Pennsylvania. The Commission's
records show that Harrison is not authorized to operate radio transmitting
equipment on any GMSR frequency including 462.650 MH and 467.650 MHz.
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 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
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003
Section 95.1 of the Commission's Rules, 47 C.F.R. S: 95.1, 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
Section 95.5(b) of the Commission's Rules, 47 C.F.R. S: 95.5(b), specifies
that non-individual (an entity other than an individual) is ineligible to
obtain a new GMRS system license or make a major modification to an
existing GMRS system license.