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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
April 24, 2009
Daniel J. Keating Company
Narberth, Pennsylvania
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-PA-0047
Document Number: W200932400006
On March 4, 2009, the Commission's Philadelphia Office received an
interference complaint alleging that contractors from a Pennsylvania
Convention Center ("PCC") construction site were operating on Private Land
Mobile Radio Service frequency 461.0375 MHz without authorization. On
March 23, 2009, agents from the Philadelphia Office inspected the radio
communications equipment for Daniel J. Keating Company ("Daniel J.
Keating") and found that Daniel J. Keating was operating mobile radios on
the frequency 461.0375 MHz at the PCC construction site located at 13th &
Race Street, Philadelphia, Pennsylvania 19123. The Commission's records
show that Daniel J. Keating is not authorized to operate radio
transmitting equipment on any frequency in the Private Land Mobile Radio
Service.
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 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.
Gene Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003