Federal Communications Commission
Before the 
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-PA-0083 
Diamond Tool )
) Citation No.: C200932400001
Philadelphia, Pennsylvania )
CITATION  
Released:  April 24, 2009
By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of the 
Communications Act of 1934, as amended (“Act”),1 to Diamond Tool (“Diamond”) for violation 
of Section 90.427(b) of the Commission’s Rules (“Rules”).2
2. An investigation by the Enforcement Bureau’s Philadelphia Office revealed that 
Diamond had programmed radio transmitting equipment with the frequency 461.0375 MHz for 
which Merchant Construction Co., Inc. in Woodbury, New Jersey was not authorized. 
3. Section 90.427(b) of the Rules states “[e]xcept for frequencies used in 
accordance with § 90.417, no person shall program into a transmitter frequencies for which the 
licensee using the transmitter is not authorized.” By programming portable radio transmitters with 
frequencies for which Merchant Construction Co., Inc. is not authorized, Diamond violated 
Section 90.427(b) of the Rules.
4. Violations of the Act or the Commission’s Rules may subject the violator to 
substantial monetary forfeitures,3 seizure of equipment through in rem forfeiture action, and 
criminal sanctions, including imprisonment.4
5. Diamond Tool may request an interview at the closest FCC Office, which is 
Federal Communications Commission, One Oxford Valley, Suite 404, 2300 E. Lincoln Highway, 
Langhorne, PA 19047.5 You may contact this office by telephone, (XXX) XXXX-XXXX to 
schedule this interview, which must take place within 14 days of this Citation.  Diamond Tool 
may also submit a written statement to the above address within 14 days of the date of this 
Citation.  Any written statements should specify what actions have been taken to correct the 
violation outlined above.  Please reference file number EB-09-PA-0083 when corresponding with 
the Commission.
  
1 47 U.S.C. § 503(b)(5).
2 47 C.F.R. 90.427(b).
3 47 C.F.R. § 1.80(b)(3).
4 47 U.S.C. §§ 401, 501, 503, 510.
5 47 U.S.C. § 503(b)(5).
Federal Communications Commission
2
6. Any statement or information provided by you may be used by the Commission 
to determine if further enforcement action is required.6 Any knowingly or willfully false 
statement made in reply to this Citation is punishable by fine or imprisonment.7
7. IT IS ORDERED that copies of this Citation shall be sent by First Class U.S. 
Mail and Certified Mail, Return Receipt Requested to Diamond Tool at its record of address.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
  
6See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
7See 18 U.S.C. § 1001 et seq.