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                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                 Atlanta Office

                             3575 Koger Blvd., #320

                             Atlanta, Georgia 30096

                                  May 19, 2010

   Lonnie Hale dba The Package Store

   601 Gault Ave NE

   Fort Payne, AL 35967 



   Case Number: EB-10-AT-0071

   Document Number: W201032480006

   On May 12, 2010, in response to a complaint of interference, agents from
   the Commission's Atlanta Office of the Enforcement Bureau confirmed by
   direction finding techniques that radio signals on the 865-900 MHz band
   were emanating from your business located at 601 Gault Ave NE, Fort Payne,
   AL 35967. The agents inspected your business and found a radio
   transmitting device designed to jam licensed radio communications
   transmissions in the 865-900, 1800-1885 and 1910-1990 MHz frequency bands.
   Cellular carriers have a license to provide cellular communications in the
   869-894 MHz frequency band and Broadband PCS carriers provide service in
   the 1850-1915 and 1930-1995 MHz frequency bands. During the inspection,
   you admitted that the unit had been in operation and voluntarily
   relinquished the equipment.

   Persons operating or using radio transmitters must be licensed or
   authorized by the Commission, pursuant to Section 301 of the
   Communications Act of 1934, as amended ("Act"). In addition, radio
   transmitting equipment must comply with the Commission's Rules ("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 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.


   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.


   Douglas G. Miller

   District Director

   Atlanta Office

   South Central Region


   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).