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                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                              New Orleans  Office

                        Suite 460, 2424 Edenborn Avenue

                           Metairie, Louisiana 70001

                                October 5, 2010

   Ch. 5 CB Shop Case Number: EB-10-OR-0079

   West Memphis, AR. Document Number: W201132620001

                         NOTICE OF UNLICENSED OPERATION

   On September 15, 2010, in response to a complaint,  agents from the
   Commission's New Orleans Office located a strong signal on 27.1850 MHz (CB
   19)  emanating from the Ch. 5 CB Shop in West Memphis, AR.   Agents also
   heard the Ch. 5 CB Shop advertise goods and services over CB channel 19 in
   violation of Section 95.413(a)(5) of the Commission's Rules ("Rules").  

   Section 95.409(a) (CB Rule 9) of the Rules states "You must use an FCC
   certificated CB transmitter at your CB station." Section 95.410(a) (CB
   Rule 10) of the Rules states "Your CB station transmitter power output
   must not exceed ... 4 watts (carrier power)." Use of a transmitter which
   is not FCC certificated or which has carrier power in excess of that
   authorized "voids your authority to operate your station." An inspection
   of your CB station on September 15, 2010, revealed that a modified amateur
   10 meter transmitter, specifically a model Galaxy DX 2517 export radio,
   was in use at your station. The  transmitter output power measured 80
   watts. These violations voided your authority to operate your CB station.

   You are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization constitutes a violation of 47
   U.S.C. S: 301 and could subject you 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).


                        IMMEDIATELY AND MUST NOT RESUME.

   You may respond with any information you believe relevant to this warning
   within (10) days from the date of this warning. If the Commission finds
   that you have not corrected these violations, the Commission will take
   further enforcement action. 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.


   Walter Gernon

   District Director

   New Orleans Office

   South Central Region

   47 C.F.R. S: 95.413(a)(5).

   47 C.F.R. S: 95.409(a).

   47 C.F.R. S: 95.410(a).

   47 C.F.R S:S: 95.409(a), 95.410(c).

   5 U.S.C. S: 552a(e)(3).