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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Dr., Ste 105
Pleasanton, CA 94588-8543
June 19, 2008
DeSilva Gates Construction
Dublin, California 94568
NOTICE OF UNLICENSED OPERATION
Case Number: EB-08-SF-0233
Document Number: W200832960006
The San Francisco Office received information that an unlicensed land
mobile radio station on 462.950 MHz was allegedly operating in the
Sacramento and San Joaquin valleys of northern California causing
interference to emergency medical services in Calaveras County,
California. On May 19, 2008, agents from this office confirmed by
direction finding techniques and station inspection that radio signals on
frequency 462.950 MHz were emanating from DeSilva Gates Construction,
Dantoni Hot Mix Asphalt Plant at 7229 Simpson Dantoni Road, Marysville,
California. The Commission's records show that no license was issued for
your radio operation at this location on 462.950 MHz near Marysville,
California.
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 of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, 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.
We also warn you that the radio frequency used by your plant is restricted
for use in the dispatch of medical care vehicles and personnel for the
rendition or delivery of medical services. Consequently, you will be
unable to obtain a station authorization for this frequency due to the
nature of your business. Also, the radio station inspection revealed that
the radios in use at your base station had been modified thereby voiding
their equipment authorization by the Commission. The equipment will have
to be returned to original manufacturer specifications before they may be
used for future radio operations.
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.
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