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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
New Orleans Office
2424 Edenborn Ave, Suite 460
Metairie, LA 70001
May 6, 2008
Rob Smith
Rob Smith Field Services, Inc.
P.O. Box 3097
Slidell, LA 70459
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-OR-0113
Document Number: W200832620002
On April 30, 2008, the Commission's New Orleans Office of the Enforcement
Bureau received a complaint alleging interference to a licensed user on
464.500 MHz in the Slidell, Louisiana area. On April 30, 2008, agents from
the New Orleans Office using direction finding techniques located the
source of the interference to a Global Positioning System ("GPS")
surveying device located at approximately N30DEG 17' 11" x W089DEG 44'
37". The GPS surveying device, an Ashtech PDL, operates at 35 watts of
power and in this case was being used to survey land in a new subdivision.
You identified yourself as the owner of Rob Smith Field Services, Inc. and
confirmed that Rob Smith Field Services, Inc. did not have FCC
authorization to operate a radio transmitter on 464.500 MHz. The
Commission's records confirm no license was issued for operation on
464.500 MHz to Rob Smith Field Services, Inc. at this location in Slidell,
Louisiana.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level or mode of operation that
complies with the standards established in Part 15 of the Commission's
rules, 47 C.F.R. S:S: 15.1 et seq. Thus, this station is operating in
violation of 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.
Leroy Hall
District Director
New Orleans Office.
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003