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KA9LCF > NEWS     26.03.12 04:04l 85 Lines 3331 Bytes #999 (0) @ ALLIN
BID : 35174-KA9LCF
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Subj: ARN: Enforcement
Path: IZ3LSV<IK6IHL<IK6ZDE<VE3UIL<N9PMO<9Y4PJ<N9LYA<KA9LCF
Sent: 120326/0047Z 35174@KA9LCF.#NEIN.IN.USA.NOAM [166256]FBB7.01.35 alpha $:35
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To  : NEWS@ALLIN


ENFORCEMENT:  A SECOND $25000 FINE ISSUED TO AN UNLICENSED
CALIFORNIA BROADCASTER

In what may well be a time record between FCC actions, the
Commission has reaffirmed a second $25,000 fine against
California resident Gabriel Garcia.  This time for not
allowing a commission inspection of various unlicensed radio
stations in the San Jose area.

As reported last week, in May 2011, the Enforcement Bureau's
San Francisco office originally issued a $25,000 penalty
because it said Garcia was operating illegal stations on
three frequencies in the San Jose area and apparently
interfering with the Aviation Radio Services band.  The
commission said that Garcia did not respond to the notice,
so the fine has now progressed into a Notice of Forfeiture.

Now the FCC has affirmed the second $25,000 forfeiture based
on Garcia's refusal to give its inspectors access to the
properties from which the stations were allegedly operating.
This, to permit physical inspection of the equipment being
used.

If Garcia fails to pay the two fines in the allotted 30 days
each, the matters will likely be turned over to the
Department of Justice for collection.  (FCC)

BT

ENFORCEMENT:  FCC INVESTIGATING 450 - 470 MHZ INTERFERENCE
IN PA

The FCC has issued a Notice of Unauthorized Operation and of
Interference to Licensed Radio Stations to a pair of Lurgan,
Pennsylvania residents. Amateur Radio Newsline's Heather
Butera-Howell, KB3TZD, is here with the details:

--

In a letter to the unnamed parties, the North-East Region
Enforcement Bureau in Philadelphia stated that it had
received a complaint from a licensed telecommunications
provider of interference in the 450 to 470 MHz band.  Also,
that they had traced the interference to a radio
transmitting device operating in Lurgan, Pennsylvania.

On February 17th agents confirmed by direction finding that
the source of the interference was emanating from a
residence in Lurgan.  During an equipment inspection, agents
confirmed that the device causing the interference was
designed to jam radio transmissions.

In its letter to the Lurgan residents, the FCC notified them
that unauthorized operation of a radio transmitting device
designed to jam radio communications must cease immediately.
It warned them that the continued operation of such a device
may result in seizure of the offending equipment and/or a
court order prohibiting them from operating such devices.
Also that this type of unauthorized operation could subject
them to substantial monetary forfeitures and criminal
sanctions including imprisonment.

The two people involved in this matter were given 10 days
from receipt of the notice to provide information regarding
the entity from whom they purchased the device, including
copies of any receipts or invoices.  They were also given
the opportunity to respond with any other information that
they believe relevant to the notice.

Fr the Amateur Radio Newsline, I'm Heather Butera-Hpwell,
KB3TZD, not far away in Berwyck, Pennsylvania.

--

The two Lurgan residents were also advised that the Notice
of Unauthorized Operation they received or their response to
it would not preclude the FCC from pursuing additional
sanctions based upon its investigation of this incident.
(FCC Northeast Enforcement Bureau)



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