FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU NORTHEAST REGION Philadelphia Office One Oxford Valley Building, Suite 404 2300 East Lincoln Highway Langhorne, Pennsylvania 19047 December 8, 2009 Tamaqua Area School District Tamaqua, Pennsylvania NOTICE OF UNLICENSED OPERATION Case Number: EB-09-PA-0252 Document Number: W201032400003 On October 29, 2009, the Commission’s Philadelphia Office received a complaint alleging that Tamaqua Area School District was operating on the unauthorized Land Mobile Radio Service frequencies 467.875 MHz and 467.925 MHz. On November 12, 2009, agents inspected the radio communications equipment at Tamaqua Area School District and found that the school district was operating Motorola Radius CP200 two-way radios on the frequencies 467.875 MHz, 467.925 MHz and 468.750 MHz. The Commission’s records show that Tamaqua Area School District is not authorized to operate radio transmitting equipment on the frequencies 467.875 MHz, 467.925 MHz and 468.750 MHz. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. § 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 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. §§ 401, 501, 503 and 510). 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. § 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 2003