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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tommie J. Hart Sr. ) File No. EB-08-KC-0062
)
Kirkwood, Missouri ) NOV No. V200832560002 )
NOTICE OF VIOLATION
Released: July 3, 2008
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Tommie J. Hart Sr., of Kirkwood, MO.
2. On June 25, 2008, agents of the Commission's Kansas City Office of the
Enforcement Bureau inspected your Citizens Band ("CB") station located
in your residence, and observed the following violation:
47 C.F.R. S: 95.411(a): "You may not attach the following items (power
amplifiers) to your certificated CB transmitter in any way: (1) External
radio frequency (RF) power amplifiers (sometimes called linears or linear
amplifiers); or (2) Any other devices which, when used with a radio
transmitter as a signal source, are capable of amplifying the signal." The
agents found a Buckeye Bully RF power amplifier attached to your CB
station.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Tommie J. Hart
Sr., must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response must fully
explain each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective
action(s). The response must be complete in itself and signed. All
replies and documentation sent in response to this Notice should be
marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Kansas City Office
520 NE Colbern Road
Second Floor
Lee's Summit, MO. 64086
4. Moreover, you are hereby warned that use of a non-certificated CB
transmitter, use of an external RF power amplifier, and/or operation
of a CB transmitter with output power in excess of 4 watts voids your
authority to operate a CB station.
5. This Notice shall be sent to Tommie J. Hart Sr. at his address of
record.
6. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
See 47 C.F.R. S: 95.409.
See 47 C.F.R. S: 95.411(b).
See 47 C.F.R. S: 95.410.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.