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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-08-NF-016
Licensees of a Citizen Band Radio Station )
Harmony, NC ) NOV No. V201032640002
)
Attention: Jerry & Becky Lipscombe )
NOTICE OF VIOLATION
Released: January 13, 2010
By the Resident Agent. Norfolk 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 Jerry & Becky Lipscombe, licensees
and operators of a Citizen Band radio station.
2. On February 12, 2008, after receiving complaints about interference to
the Ten Meter Amateur band, the Federal Communications Commission
("FCC"), Enforcement Bureau, Spectrum Enforcement Division issued a
warning to Jerry & Becky Lipscombe. The warning advised against
operating a transmitter without a license
3. On March 6, 2008, after receiving complaints including complaints of
interference to other Citizen Band stations, the FCC, Norfolk Office
released a warning to Jerry & Becky Lipscombe. The warning advised
against using a CB station in connection with any activity which is
against federal, state or local law; to transmit obscene, indecent or
profane words, language or meaning; to interfere intentionally with
the communications of another CB station; to transmit one-way
communications; to transmit music, whistling, sound effects or any
material to amuse or entertain; or to transmit any sound effect.
4. On March 10, 2008, Jerry and Becky Lipscombe wrote to the FCC, "We
operate our radio legally..." After the FCC continued to receive
complaints about the operation of Jerry & Becky Lipscombe's station,
an agent from the Norfolk Office spoke with Jerry Lipscombe on
September 9, 2008. Jerry Lipscombe assured the FCC agent that he and
his wife operated their station in compliance with FCC Rules.
5. When complaints about Jerry & Becky Lipscombe's station continued, an
agent of the Commission's Norfolk Office observed violations
pertaining to the operation of a Citizen Band radio station located in
Harmony, North Carolina on March 2, 2009 and inspected Jerry & Becky
Lipscombe's station on March 3, 2009. The agent noted the following
violation:
47 C.F.R. S: 95.413(a)(3): "... (a) You must not use a CB station...(3) To
interfere intentionally with the communications of another CB station; On
March 2, 2009 from 10:24PM through March 3, 2009 at 12:09AM, siren-like
noise transmitted on 27.225MHz emanated from Lipscombe's station at their
residence and at interferred with communications on 27.225MHz.
6. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Jerry & Becky
Lipscombe 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 by both
Jerry & Becky Lipscombe. 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
Norfolk Office
1457 Mt Pleasant Rd Ste 113
Chesapeake VA 23322
7. This Notice shall be sent to Jerry & Becky Lipscombe at the address
of record.
8. 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
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 301.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
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Federal Communications Commission