Below is the FCC Notice of Official Unlicensed Operations issued to
Agnaldo Aparecito da Silva Alves in Pompano Beach, Florida.
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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
SOUTH CENTRAL REGION
Miami Office
P.O. Box 520617
Miami, FL 33152
August 12, 2010
Agnaldo Aparecito da Silva Alves
Pompano Beach, FL
NOTICE OF UNLICENSED OPERATION
Case Number: EB-10-MA-0046
Document Number: W201032600064
The Miami Office received information that an unlicensed radio station on 296.55 MHz was allegedly operating in Pompano Beach, FL. On June 3, 2010, agents from this office confirmed by direction finding techniques that radio signals on frequency 296.55 MHz were emanating from your residence in Pompano Beach, FL. During the inspection of the equipment, you admitted to owning and operating the equipment used to transmit on 296.55 MHz. Upon completion of the inspection, you voluntarily relinquished a Kenwood transmitter, model TM-261A, to the agents.
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 or mode of operation that complies with the standards established in Part 15 of the Commission's rules, 47 C.F.R. S:S: 15.1 et seq. According to the Kenwood manufacturer specifications, at its lowest setting, the Kenwood radio, model TM-261A, was capable of operating with approximately 5 watts of power. Operation of the radio at this output power exceeds the limits for operation under Part 15 of the Commission's Rules ("Rules") and therefore required a license.
In addition, pursuant to the Table of Allocations, the 267-322 MHz Band is allocated solely for Federal Government Use. As a non-governmental entity, you are not eligible to receive a license to operate in the 267-322 MHz Band.
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 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 NOT RESUME
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.
Michael Mattern
Resident Agent
Miami Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", March 2005 47 C.F.R. S: 2.106.