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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Dr., Ste 105
Pleasanton, CA 94588-8543
February 29, 2008
John G. Triplette
Hayward, CA
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-SF-004
Document Number: W200832960005
The San Francisco Office of the United States Federal Communications
Commission (FCC) Enforcement Bureau received complaints from local public
safety officials that a non-service initialized cell phone was repeatedly
operating in Hayward, California, and that the cell phone was being used
to make fraudulent and harassing phone calls to the Hayward Public Safety
Answering Point (911 Center) resulting in disruption of vital 911
services. On February 13, 2008, agents from this office confirmed by
direction finding techniques that radio signals on frequency 1893.4 MHz
were emanating from your residence in Hayward, California. Further
investigation revealed that the phone calls were coming from your
non-service initialized cell phone. The Hayward 911 Center confirmed that
the calls were directed to the 911 dispatch center and were not of an
emergency nature.
The operation of a cell phone must be licensed by the FCC pursuant to
Section 301 of the Communications Act, and the Commission's regulations.
Your operation of a non-service initialized cell phone to make abusive,
harassing or prank phone calls to the Hayward 911 Center resulted in the
disruption of 911 services for Hayward, California. Such phone calls are
fraudulent 911 calls and constitute a violation of Section 301 of the
Communications Act of 1934, as amended. (See 47 U.S.C. S: 301.)
You are hereby warned that operation of a non-service initialized cell
phone to make fraudulent 911 phone calls to 911 Centers constitutes a
violation of the Federal laws cited above and could subject you to severe
penalties, including, but not limited to, substantial civil forfeitures, a
maximum criminal fine of $100,000 and/or one year imprisonment, or arrest
of the equipment for the first offense (see 47 U.S.C. S:S: 501, 503 &
510).
USE OF NON-SERVICE INITIALIZED CELL PHONES TO MAKE FRAUDULENT 911 PHONE
CALLS MUST STOP IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with proof
that you have discontinued the operation of any non-service initialized
cell phone to make fraudulent 911 calls. 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
47 U.S.C. S: 301.