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                       Federal Communications Commission

                               Enforcement Bureau

                                Northeast REGION

                                 Buffalo Office
                         6400 Sheridan Drive, Suite 140

                         Williamsville, New York 14221

                               November 16, 2010

   Scott Ventura

   Buffalo, New York

                      NOTICE OF UNAUTHORIZED OPERATION AND

                    INTERFERENCE TO LICENSED RADIO STATIONS

   Case No.: EB-10-BF-0027

   Document Number: W201032280005

   On November 2, 2010, in response to a complaint of interference, an agent
   from the Buffalo Office conducted an investigation using mobile direction
   finding equipment and determined that the source of the interference was a
   device you operated from a locked cabinet in the metal shop at McKinley
   High School, 1500 Elmwood Avenue, Buffalo, New York. At the time of the
   inspection, you admitted to operating the radio transmitting device and
   voluntarily relinquished the device to the agent. The agent inspected the
   device and found that it was designed to jam land mobile and cellular
   communications.

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

   The operation of the device utilized by you may constitute 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 warning emphasizes the
   importance of complying strictly with these legal requirements.

   UNAUTHORIZED OPERATION OF ANY RADIO TRANSMITTING DEVICE DESIGNED TO JAM
   RADIO COMMUNICATIONS MUST NOT RESUME.

   You may respond with any information you believe relevant to this warning
   within (10) days from the date of this notice. 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.

   Be advised that this notice does not preclude this office from pursuing
   additional sanctions based upon our investigation of this incident.

   David Viglione

   Resident Agent

   Buffalo Office

   Attachments:

   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.

   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:S: 301, 302a(b), 333.

   See 47 U.S.C. S:S: 401, 501, 503, 510.

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

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