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                               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,

   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.)


   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


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005