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FEDERAL COMMUNICATIONS COMMISSION
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).
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
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.
Sincerely,
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).