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                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                  Miami Office

                                P.O. Box 520617

                                Miami, FL 33152

                                August 12, 2010

   Agnaldo Aparecito da Silva Alves

   Pompano Beach, FL

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-MA-0046

   Document Number: W201032600064

   The Miami Office received information that an unlicensed radio station on
   296.55 MHz was allegedly operating in Pompano Beach, FL. On June 3, 2010,
   agents from this office confirmed by direction finding techniques that
   radio signals on frequency 296.55 MHz were emanating from your residence
   in Pompano Beach, FL. During the inspection of the equipment, you admitted
   to owning and operating the equipment used to transmit on 296.55 MHz. Upon
   completion of the inspection, you voluntarily relinquished a Kenwood
   transmitter, model TM-261A, to the agents.

   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. According to the Kenwood manufacturer
   specifications, at its lowest setting, the Kenwood radio, model TM-261A,
   was capable of operating with approximately 5 watts of power. Operation of
   the radio at this output power exceeds the limits for operation under Part
   15 of the Commission's Rules ("Rules") and therefore required a license.
   In addition, pursuant to the Table of Allocations, the 267-322 MHz Band is
   allocated solely for Federal Government Use. As a non-governmental entity,
   you are not eligible to receive a license to operate in the 267-322 MHz

   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


   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.

   Michael Mattern

   Resident Agent

   Miami Office


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005

   47 C.F.R. S: 2.106.