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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48375
January 29, 2008
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
Michael Paul Fennell
Clinton Township, Michigan
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-DT-004
Document Number: W200832360008
The Detroit Office received information that you have been operating an
unlicensed amateur radio station on various amateur radio frequencies,
including 146.580 MHz, in the Clinton Township, Michigan area. In
addition, the information received indicated that you have been operating
your Citizens Band ("CB") Radio Service station illegally and causing
interference in the area.
On January 3, 2008, an agent from this office inspected the radio stations
at your residence and confirmed that you operate an amateur radio station.
The Commission's records show that you do not have a license to operate an
amateur radio station. Amateur radio stations must be licensed by the FCC
pursuant to 47 U.S.C. S: 301. The agent also inspected the radio in your
motor vehicle and found that you were operating a Magnum S-9 transceiver,
which is a non-certified CB transceiver. Pursuant to Section 95.409(a) of
the Commission's rules, 47 C.F.R. S: 95.409(a), use of a non-certified
transceiver voids your authority to operate this CB station
You are hereby warned that your operation of these radio stations
constitutes a violation of the Federal laws cited above and could subject
you 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 THESE RADIO STATIONS MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond regarding
the unlicensed amateur radio station operation and the unlicensed
operation of your CB station. 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 A. Bridgewater
District Director
Detroit Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003