Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
March 28, 2011
Sheraton Four Points
Allentown, Pennsylvania 18109
NOTICE OF UNLICENSED OPERATION
Case Number: EB-11-PA-0042
Document Number: W201132400004
The Philadelphia Office received information that the Sheraton Four Points
("Sheraton") in Allentown, Pennsylvania was operating on the General
Mobile Radio Service ("GMRS") frequency 462.550 MHz and causing harmful
interference to licensed GMRS communications.
On March 15, 2011, agents from this office conducted an inspection of the
radio transmitting equipment at the Sheraton Four Points, 3400 Airport
Road, Allentown, Pennsylvania, and found that the maintenance and
housekeeping staff were operating Holzberg Communications FPX666 two-way
portable radios on the frequency 462.550 MHz, which is a frequency
authorized for use only in the GMRS service. GMRS is a land-mobile radio
service available for short-distance two-way communications to facilitate
the activities of an adult individual and his or her immediate family
members. See 47 C.F.R. S:S: 95.5 and 95.179. Although non-individuals
were eligible to obtain GMRS licenses prior to July 31, 1987, the
Commission's records show that no license was issued to the Sheraton for
operation of a GMRS Station at this location prior to that date and the
Sheraton is not eligible to obtain a new GMRS license.
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 that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R.
S:S: 15.1 et seq. During the inspection of your unlicensed station
operating on 462.550 MHz, the agents found that the transmitter output
power of the Holzberg PX-666 transmitter is 4 Watts. The maximum field
strength for a transmitter compliant with Part 15 is 200 microvolts per
meter (uV/m) at 3 meters for non-licensed device. It does not appear that
your station complies with the maximum permitted field strength permitted
under Part 15. Thus, this station is operating in violation of 47 U.S.C.
S: 301.
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 of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, 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.)
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
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.
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2005