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                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                                 Detroit Office

                             24897 Hathaway Street

                        Farmington Hills, Michigan 48335

                                November 9, 2010

    (Sent via Certified Return Receipt Requested and First Class U.S. Mail)

   David L. Spain

   Lancaster, Kentucky

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-DT-0314

   Document Number: W201132360004

   The Detroit Office received a complaint alleging that your Citizens Band
   ("CB") radio station was being operated illegally and causing harmful
   interference in Lancaster, Kentucky. As described below, agents from the
   Enforcement Bureau's Detroit Office found during an investigation that you
   were operating your CB station at your residence in Lancaster, Kentucky in
   a manner that voided your authorization to operate.

   CB Rule 11, 47 C.F.R. S: 95.411, provides that CB operators shall not
   attach to their CB stations external radio frequency power amplifiers
   ("linear amplifiers") or any other devices which are capable of amplifying
   a CB station's signal  and that use of a linear amplifier voids the
   authority to operate.  Operators are presumed to have used a linear
   amplifier if the linear amplifier is in the operator's possession or on
   the operator's premises and there is other evidence that the station was
   operated overpowered. On September 27, 2010, agents from this office
   conducted an inspection of your CB station and observed that a linear
   amplifier, which had a measured output power of 80 watts, was attached to
   your CB station. You admitted to the agents that you used the linear

   In addition to the linear amplifier, the agents also observed during the
   inspection that you were operating a non-certified CB transceiver, a
   Magnum S-9, at your CB station. CB Rule 9, 47 C.F.R. S: 95.409(a), states
   that "[u]se of a transmitter which is not FCC certified voids your
   authority to operate the station." By using the non-certified Magnum S-9
   transceiver, you voided your authority to operate this 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).


   If the harmful interference continues, the FCC may impose restricted hours
   of operation for your CB station pursuant to CB Rule 23, 47 C.F.R. S:
   95.423. In addition, the Commission may commence a further investigation
   to determine whether you continue to operate your station in violation of
   any of the Commission's Rules.

   Pursuant to Section 308(b) of the Act, you have 15 days from the date of
   this letter to respond advising what corrective actions you have taken to
   eliminate the observed violations of Commission Rules. 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 A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005

   47 C.F.R. S: 95.411(a).

   47 C.F.R. S: 95.411(b).

   47 C.F.R. S:S: 95.411(c).