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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48375
April 2, 2008
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
William VanTiem
Lexington, MI
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-DT-0055
Document Number: W200832360010
The Detroit Office received information that your Citizens Band ("CB")
Radio Service station was being operated illegally and causing
interference in Lexington, Michigan. On March 26, 2008 agents from this
office attempted to inspect your CB station but you weren't available. In
a subsequent telephone call on March 28, 2008 with one of the agents, you
admitted using a 350 watt CB linear amplifier.
Section 95.411(a)(1) prohibits the use of external radio frequency power
amplifiers (sometimes called linears or linear amplifiers). 47 C.F.R. S:
95.411(a)(1). Section 95.411(b) of the Rules provides that "use of a power
amplifier voids your authority to operate the station." 47 C.F.R. S:
95.411(b). By using a CB linear amplifier, you voided your authority to
operate this station.
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 regarding
the 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