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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
(214) 575-6361
August 13, 2009
Gene Stinson
d.b.a. D&G Food Mart
Oklahoma City, Oklahoma
NOTICE OF UNAUTHORIZED OPERATION AND
INTERFERENCE TO LICENSED RADIO STATIONS
Case Number: EB-09-DL-0058
Document Number: W200932500003
On July 29, 2009, in response to a complaint of interference from the City
of Oklahoma City Radio System Support ("OKC"), agents from the
Commission's Dallas Office of the Enforcement Bureau inspected your
convenience store located at 1437 SW 29th Street, Oklahoma City. The
agents found two radio transmitting devices designed to jam licensed radio
communications transmissions in the 850-894 MHz and other licensed
frequency bands. OKC's licensed radio system operates in the 850-894 MHz
band. During the inspection, the store clerk admitted that the units had
been in operation and voluntarily relinquished them.
Persons operating or using radio transmitters must be licensed or
authorized by the FCC, pursuant to Section 301 of the Communications Act
of 1934, as amended. In addition, radio transmitting equipment must comply
with FCC rules. Section 333 of the Act prohibits willful or malicious
interference with any radio communications of any station licensed or
authorized by or under the Act or operated by the United States
Government. In addition, Section 302(b) of the Act, and Section 2.803(a)
of the Commission's rules, prohibit the manufacture, importation,
marketing, sale or operation of devices deliberately designed to jam or
disrupt wireless communications. The Commission has issued two Public
Notices specifically stating that the sale and use of transmitters
designed to prevent, jam or interfere with the operation of cellular and
personal communications service ("PCS") telephones is unlawful. Section
303(n) of the Act also authorizes agents of the Commission to inspect all
radio installations to determine compliance with Commission rules.
The operation of the devices utilized by you constitutes a violation of
Sections 333, 302(b), and 301 of the Act, as described above. Such
operation may subject you to substantial monetary forfeitures, in rem
arrest action against the offending radio equipment, and criminal
sanctions including imprisonment. Because unauthorized operation creates a
danger of interference to important radio communications services, and may
subject the operator to severe penalties, this notice emphasizes the
importance of complying strictly with these legal requirements.
OPERATION OF THIS PROHIBITED RADIO TRANSMISSION MUST NOT RESUME.
You may respond with any information you believe relevant to this warning
within (10) days from the date of this warning. Your response should be
sent to the address in the letterhead and reference the listed case
number. Under the Privacy Act of 1974, 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.
Sincerely,
James D. Wells
District Director
Dallas Office
South Central Region
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
47 U.S.C. S: 301. The only exception to this licensing requirement is for
certain transmitters using or operating at a power level that complies
with the standards established in Part 15 of the Commission's rules. 47
C.F.R. S:S: 15.1 et seq.
47 C.F.R. Part 2, Subpart J.
47 U.S.C. S: 333.
47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a).
See Office of Engineering and Technology and Compliance and Information
Bureau Warn Against the Manufacture, Importation, Marketing or Operation
of Transmitters Designed to Prevent or Otherwise Interfere with Cellular
Radio Communications. DA 99-2150, released October 12, 1999; Sale or Use
of Transmitters Designed to Prevent, Jam or Interfere with Cell Phone
Communications is Prohibited in the United States. DA 05-1776, released
June 27, 2005.
47 U.S.C. S: 303(n).
47 U.S.C. S:S: 301, 302a(b), 333.
See 47 U.S.C. S:S: 401, 501, 503, 510.
5 U.S.C. S: 552a(e)(3).