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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

    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

    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.


   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.