Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
South Central Region
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
January 26, 2010
Housley Communications Inc.
Carrollton, Texas
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-DL-0001
Document Number: W201032500010
The Dallas Office received information that an unlicensed radio station on
459.125 MHz was allegedly operating in Dallas, Texas. The report specified
a construction site from which the operation was occurring. On January 5,
2010, an agent from this office traveled to the reported site, but the
transmitter was not operating at that time. The agent inspected the
Hetronic International Inc. transmitter (FCC ID LW9-CS458-TX), which was
located on top of a directional drill. An agent spoke to the Regional
Manager of Housley Communications, Inc. who admitted that they had been
using the Hetronic transmitter. The Regional Manager agreed to cease
operations at that time. The Commission's records show that no license has
been issued for operation of this station on 459.125 MHz from this or any
location in Dallas, Texas.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level or mode of operation that
complies with the standards established in Part 15 of the Commission's
rules, 47 C.F.R. S:S: 15.1 et seq. The Hetronic transmitter in question
is authorized to operate in the 458.8-459.2 MHz band pursuant to Part
90.217 of the Commission's rules, not Part 15. Accordingly, a license is
required to operate this transmitter pursuant to Part 90 of the
Commission's rules.
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 NOT RESUME.
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.
James D. Wells
District Director
Dallas District Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005