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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-11-PA-0121
Flatcode Communications, Inc. )
Citation No.: C201132400003
Bronx, New York )
)
)
CITATION
ILLEGAL PROGRAMMING OF UNAUTHORIZED FREQUENCIES
Adopted: June 27, 2011 Released: June 28, 2011
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. This is an official CITATION issued pursuant to section 503(b)(5) of
the Communications Act of 1934, as amended ("Communications Act"), to
Flatcode Communications, Inc. ("Flatcode") for programming into a
transmitter frequencies for which the operator of the transmitter was
not authorized, in violation of section 90.427(b) of the Commission's
Rules ("Rules").
2. Flatcode should take immediate steps to come into compliance and to
avoid any recurrence of this misconduct. As explained below, and as
provided in the Communications Act, future violations of the Rules in
this regard may subject your company to substantial monetary
penalties, seizure of equipment, and criminal sanctions.
II. background
3. On March 15, 2011, agents from the Enforcement Bureau's Philadelphia
Office conducted an investigation and found that Flatcode had
programmed radio transmitting equipment for the Sheraton Four Points
("Sheraton") in Allentown, Pennsylvania with the General Mobile Radio
Service frequency 462.550 MHz for which the Sheraton was not
authorized. A representative for Flatcode later admitted to the FCC
agent during a telephone conversation that Flatcode programmed the
Sheraton's two-way portable radios.
III. applicable law and violations
4. Section 90.427(b) of the Rules states that "[e]xcept for frequencies
used in accordance with S: 90.417, no person shall program into a
transmitter frequencies for which the licensee using the transmitter
is not authorized." By programming radio transmitters with frequencies
for which the Sheraton was not authorized, Flatcode violated section
90.427(b) of the Rules.
IV. FUTURE COMPLIANCE
5. If, after receipt of this Citation, Flatcode violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures of up
to $16,000 for each such violation or each day of a continuing
violation and up to $112,500 for any single act or failure to act. In
addition, violations of the Communications Act or the Rules can result
in seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
6. Flatcode may respond to this Citation within thirty (30) days after
the release date of this Citation either through (1) a personal
interview at the closest FCC office, or (2) a written statement. Any
written statements should specify what actions have been taken by
Flatcode to ensure that it does not program radio transmitters with
unauthorized frequencies in the future. Please reference file number
EB-11-PA-0121 when corresponding with the Commission.
7. Under the Privacy Act of 1974, any statement or information provided
by you may be used by the Commission to determine if further
enforcement action is required. Any knowingly or willfully false
statement, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
8. The closest FCC Office is the New York Office in New York. You may
contact Dan Noel by telephone, (212) 337-1865, to schedule a personal
interview, which must take place within thirty (30) days after the
release date of this Citation. You should send any written statement
within thirty (30) days after the release date of this Citation to:
Federal Communications Commission, Philadelphia Office, One Oxford
Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
Pennsylvania 19047.
9. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
To request this document in accessible formats for people with
disabilities (braille, large print, electronic files, audio format):
202-418-0530 (voice), 202-418-0432 (tty).
VI. ORDERING CLAUSES
10. IT IS ORDERED that a copy of this Citation shall be sent both by First
Class U.S.
Mail and certified mail to Flatcode Communications, Inc., 1954 Jerome
Avenue, Bronx, New York 10453.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. S: 90.427(b).
The General Mobile Radio 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:95.179. A non-individual (any entity that is not an
individual - such as corporations, partnerships, associations,
governmental units etc.) is not eligible to obtain a license for a new
GMRS system.
See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("... no person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 11-1111
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Federal Communications Commission DA 11-1111