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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                        NORTHEAST REGION

                       Philadelphia Office
             One Oxford Valley Building, Suite# 404
                     2300 E. Lincoln Highway
                      Langhorne, PA, 19047
                                       


                          June 14, 2005

Samuel C Watson
Joseph E Watson                         Case Number: EB-05-PA-056
Philadelphia, PA, 19143                 Document Number:  
W20053240001


                 NOTICE OF UNLICENSED OPERATION
                                        
The Philadelphia Office received information that an unlicensed 
broadcast radio station on 106.5 MHz was allegedly operating in 
Philadelphia, PA.  On May 6, 2005, agents from this office 
confirmed by direction finding techniques that radio signals on 
the frequency 106.5 MHz were emanating from the Watson residence.  
The Commission's records show that no license was issued for 
operation of a broadcast station on 106.5 MHz at this location in 
Philadelphia, PA. 

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. 
 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. 15.1 et seq.  The 
field strength of the signal on frequency 106.5 MHz was measured 
at 4,090 microvolts per meter (V/m) at 577 meters.  This exceeds 
the maximum permitted level of 250 V/m at 3 meters for a non-
licensed device.  Thus, this station was operating in violation 
of 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).

UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED 
IMMEDIATELY.

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.  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.



John E. Rahtes
District Director 
Philadelphia Office




Attachments:
     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003              EXCERPTS FROM  THE COMMUNICATIONS ACT  OF 1934,  AS 
     AMENDED 

Section 301.    License for  Radio Communication or  Transmission 
of Energy

It is the purpose  of this Act, among  other things, to  maintain 
the control of the United States  over all the channels of  radio 
transmission; and to provide  for the use  of such channels,  but 
not the  ownership thereof,  by persons  for limited  periods  of 
time, under licenses  granted by Federal  authority, and no  such 
license shall be construed to create any right, beyond the terms, 
conditions, and periods of the  license.  No person shall use  or 
operate  any  apparatus  for   the  transmission  of  energy   or 
communications or  signals by  radio (a)  from one  place in  any 
State, Territory, or possession  of the United  States or in  the 
District  of  Columbia  to  another  place  in  the  same  State, 
Territory, possession,  or  District;  or  (b)  from  any  State, 
Territory, or  possession  of  the United  States,  or  from  the 
District of Columbia to any other State, Territory, or possession 
of the  United  States; or  (c)  from  any place  in  any  State, 
Territory, or possession of the United States, or in the District 
of Columbia,  to any  place  in any  foreign  country or  to  any 
vessel; or (d)  within any  State when  the effects  of such  use 
extend beyond the borders of said State, or when interference  is 
caused by such  use or  operation with the  transmission of  such 
energy, communications, or signals from within said State to  any 
place beyond its borders, or from any place beyond its borders to 
any  place  within  said  State,  or  with  the  transmission  or 
reception of such energy, communications, or signals from  and/or 
to places  beyond the  borders of  said State;  or (e)  upon  any 
vessel or aircraft of  the United States  (except as provided  in 
section 303(t); or (f) upon any other mobile stations within  the 
jurisdiction of the United States, except under and in accordance 
with this Act and with a license in that behalf granted under the 
provisions of this Act. 

Section 303.     General Powers of The Commission

Except as otherwise  provided in  this Act,  the Commission  from 
time to  time,  as  public convenience,  interest,  or  necessity 
requires shall-
...
     (n)  Have  authority  to  inspect  all  radio  installations 
associated with stations required to  be licensed by any Act,  or 
which the Commission by rule has authorized to operate without  a 
license under  Section 307(e)(1),  or which  are subject  to  the 
provisions of  any  Act, treaty,  or  convention binding  on  the 
United   States,   to   ascertain   whether   in    construction, 
installation, and operation they  conform to the requirements  of 
the rules and regulations of the Commission, the provision of any 
Act, the terms of any treaty or convention binding on the  United 
States and the conditions of  the license or other instrument  of 
authorization under  which they  are constructed,  installed,  or 
operated.

Section 333.    Willful or Malicious Interference

No person shall willfully or maliciously interfere with or  cause 
interference to any radio communications of any station  licensed 
or authorized by  or under  this Act  or operated  by the  United 
States Government.

Section 501.    General Penalty  

Any person who willfully and knowingly does or causes or  suffers 
to be done any act, matter,  or thing, in this Act prohibited  or 
declared to be unlawful, or  who willfully or knowingly omits  or 
fails to do any act, matter, or thing in this Act required to  be 
done, or willfully and knowingly causes or suffers such  omission 
or failure, shall, upon conviction thereof, be punished for  such 
offense, for  which  no  penalty (other  than  a  forfeiture)  is 
provided in this Act, by  a fine of not  more than $10,000 or  by 
imprisonment for a term not  exceeding one year, or both;  except 
that any  person,  having  been  once  convicted  of  an  offense 
punishable under this section,  who is subsequently convicted  of 
violating  any  provision  of  this  Act  punishable  under  this 
section, shall be punished by a fine of not more than $10,000  or 
by imprisonment for a term not exceeding two years, or both. 

Section 503.    Forfeitures in Cases of Rebates and Offsets
...
     (b)(1) Any person who is determined by the Commission ... to 
have--
...
     (B) willfully or repeatedly failed to comply with any of the 
provisions of  this Act  or  of any  rule, regulation,  or  order 
issued by  the Commission  under this  Act or  under any  treaty, 
convention, or other agreement  to which the  United States is  a 
party and which is binding on the United States;
... 
     shall  be  liable to  the  United States  for  a  forfeiture 
penalty.
....

Section 510.    Forfeiture of Communications Devices

(a)  Any electronic, electromagnetic, radio frequency, or similar 
device, or component thereof, used, sent, carried,  manufactured, 
assembled, possessed, offered for  sale, sold or advertised  with 
willful and  knowing intent  to violate  Section 301  or 302,  or 
rules prescribed by  the Commission under  such sections, may  be 
seized and forfeited to the United States.                                
                       Enforcement Bureau
                      Inspection FACT SHEET

                            JULY 2003

The Federal Communications Commission has the authority to 
inspect most radio installations. Responsibility for conducting 
these inspections generally rests with the Enforcement Bureau's 
Field Agents. In the course of fulfilling this responsibility, 
the Agents often receive questions concerning the authority and 
procedure under which they are working. The Enforcement Bureau 
has assembled this general information sheet to address some of 
the more commonly asked questions concerning inspections and to 
clarify why and how inspections occur. 

                      INSPECTION AUTHORITY

Section 303(n) of the Communications Act of 1934, as amended, 
(Act) gives the Federal Communications Commission the "authority 
to inspect all radio installations associated with stations 
required to be licensed by any Act, or which the Commission by 
rule has authorized to operate without a license under section 
307(e)(1), or which are subject to the provisions of any Act, 
treaty, or convention binding on the United States . . ." 47 
U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which 
implement the Act, grant the right to inspect most radio 
operations to the Commission, and by delegated authority to the 
Commission's Bureaus and agents. The Enforcement Bureau conducts 
inspections of radio installations as part of the Bureau's 
function to "[e]nforce the Commission's Rules and Regulations." 
47 CFR 0.111(a). 
Both licensees and non-licensees must allow an FCC Agent to 
inspect their radio equipment. Along with the privilege of 
possessing a license come responsibilities such as knowing the 
applicable rules, including allowing the station to be inspected. 
Licensees should be aware of the Commission's right to inspect. 
Equally important, FCC Agents are allowed to inspect the radio 
equipment of non-licensees. Non-licensees include those 
individuals or entities operating in accordance with Part 15 of 
the Rules. Non-licensees also include those who should have a 
license to operate their equipment but have not obtained a 
license and are operating without authority. 
Radio equipment is generally used in a commercial setting (e.g., 
commercial broadcast station, land mobile station, commercial 
delivery service) or a residential setting (e.g., amateur, 
citizen's band (CB) radio). Home-based businesses may also 
operate radio stations. This fact sheet addresses inspection of 
radio stations in both the commercial and residential settings. 

  Frequently Asked Questions Related to Residential Inspection
                  of Radio Equipment by the FCC

Q: Why must operators of radio frequency devices allow the FCC to 
inspect their equipment? 
A: The Commission must ascertain essential facts pertaining to 
the operation of a station which may be vital to the resolution 
of a number of questions, including interference problems 
involving public safety. For this reason, the FCC must be able to 
check all covered equipment that have the potential to emit radio 
frequencies. Section 303(n) of the Communications Act gives the 
FCC this authority. 
Q: What happens if I do not allow the FCC agent to inspect my 
equipment? 
A: Failure to allow inspection forecloses the opportunity to 
resolve the problem. Thus, refusal to allow inspection is a 
serious challenge to the Commission's authority to inspect radio 
stations and is a violation of the Rules. Such a refusal may lead 
to revocation of a license, maximum monetary forfeiture, or other 
Commission sanctions. 
Q: The FCC Agent standing at my door does not have a search 
warrant, so I don't have to let him in, right? 
A: Wrong. Search warrants are needed for entry involving criminal 
matters. One of the requirements as a licensee, or non-licensee 
subject to the Commission's Rules, is to allow inspection of your 
radio equipment by FCC personnel. Whether you operate an amateur 
station or any other radio device, your authorization from the 
Commission comes with the obligation to allow inspection. Even 
radio stations licensed under a "blanket" rule or approval, such 
as Citizen's Band (CB) Radio, are subject to the Commission's 
inspection requirement. 
Q: Well then, if I am a low-power broadcaster and don't have an 
FCC license, they need a search warrant, right? 
A: Wrong again. The FCC agents have the authority to inspect all 
radio equipment; even if you do not have a license, the FCC can 
still inspect your equipment. Section 303(n) of the Act gives the 
FCC the right to inspect all "stations required to be licensed." 
This language covers your low-power radio station. The FCC agents 
are inspecting the equipment, not searching your house. 
Q: Okay, I understand now why the Agent doesn't need a search 
warrant, but how do I know what the Agent will do next? 
A: Once you open the door, the agents should show their FCC 
identification card and badge, identify themselves by name and 
agency, and should state the purpose of the visit. They then 
should request permission to inspect the radio station. The 
agents may also ask to see records such as licenses for the 
station or operator. Agents, however, should never open private 
cabinets, drawers, or other private items in the search for 
license documents. 

Q: Can the agents come to my residence at any hour of the day or 
night to conduct an inspection? 
A: FCC Agents inspect during the hours of operation. If you are 
operating your station during late or unusual hours you cannot 
use the time element as justification for refusing to permit an 
inspection at that time. You cannot avoid an inspection by 
electing to operate only during late or unusual hours. 
Q: The FCC Agent said that I had to allow inspection of my radio 
station without unnecessary delay. What does "without unnecessary 
delay" mean? 
A: Immediate on-the-spot inspections are generally necessary. In 
most cases, any delay can result in changed conditions of the 
transmitting equipment or its operation, adversely affecting the 
efficacy of the inspections. For that reason, Agents cannot 
return at a later time to accommodate the operator, cannot wait 
for the operator to make any adjustments to the equipment, and 
cannot spend time repeating the reasons for the inspection. 
Q: Why don't the FCC's agents have to make an appointment with me 
to inspect my equipment? 
A: The Commission has no means of determining whether a station 
is being operated as licensed except through immediate on-the-
spot inspection. To establish the amount of operating power of a 
station, the input power of the last radio stage of the 
transmitter must be actually measured with test equipment. To 
delay an inspection for the convenience of a licensee would allow 
the licensee time in which to modify or restore the transmitter 
to its licensed condition, thus permitting the licensee to avoid 
detection. This same theory also applies in the case of whether a 
station is operating with an unapproved type of transmitter. 
Q: What can happen to me if the agent determines that I am using 
illegal or unauthorized equipment? 
A: There are several different ways that this situation can be 
handled. You may volunteer to surrender the equipment to the 
agent who will then destroy it under FCC procedure. If you choose 
not to surrender the equipment, the FCC can bring a proceeding 
against you to take the equipment. This is known as an in rem 
(i.e., property) forfeiture proceeding . Additionally, if you 
choose not to surrender the equipment, you can be issued a civil 
monetary forfeiture penalty. See 1997 Forfeiture Policy Statement 
12 FCC Rcd 17087(1997). 
Q: Am I required to surrender any illegal or unauthorized 
equipment to the agent? 
A: No, surrender is voluntary. However, it is the best way to 
avoid a large monetary forfeiture. 
Q: Is the inspection procedure for various services different? Is 
the procedure different for licensees and non-licensees? 
A: The inspection procedure is essentially the same for all of 
the services. Similarly, the inspection procedure is the same for 
licensed and non-licensed stations. This is because the FCC has 
the right to inspect ALL covered radio equipment. 

Frequently Asked Questions for the Business Environment

Q: FCC Agents arrived to inspect the radio at my office. My boss 
isn't here. Should I call my boss to be present for the 
inspection? 
A: You may call your boss if you wish. If the company is open for 
business, however, the inspection should be permitted regardless 
of whether your boss is present. This is not an acceptable reason 
to delay an inspection.
Q: My boss didn't tell me anyone would come by to inspect our 
radio so I don't have to let the FCC inspectors in, right? 
A: Wrong. The licensee is responsible for knowing the rules and 
those include the FCC's right to inspect. Because the employer is 
responsible for the acts of the employee, it is up to the 
licensee-employer to inform its staff as to its responsibilities 
concerning the operation of the radio station.
Q: I run a small daytime only AM station. Do I have to allow the 
agents to inspect the station late at night? 
A: The FCC inspects during hours of operation. Thus, a day time 
station, by definition, should not be operating at night. If FCC 
agents determine that radio signals are emitting from the daytime 
station during night time hours, however, an inspection must be 
allowed if requested by an FCC agent. 
Q: How do I know that these are really agents from the FCC? 
A: FCC Agents have a badge and credentials with their names and 
the FCC seal which they will present to you when requesting your 
permission to inspect. If you would like to further confirm their 
identity, you may call the FCC's Crisis Management and 
Communications Room in Washington, D.C., at (202)418-1122. It is 
open 24 hours a day, 365 days a year. 
Q: If an agent is testing my FCC authorized equipment and the 
equipment breaks or malfunctions during the tests, is the FCC 
liable? 
A: If the agent was negligent, you may have a claim under the 
Federal Tort Claims Act (FTCA) to recover damages for your 
property. The FCC will make the initial determination whether the 
agent was negligent.  
Q: Can I have my attorney present during the inspection? Can I 
make the agent wait to start the inspection until my attorney is 
present? 
A: You may have your attorney present during the inspection; 
however, there is no constitutional right to have your attorney 
present. Therefore, you may not make the agent wait until your 
attorney arrives. Making the agent wait for your attorney 
conflicts with the "unnecessary delay" requirement discussed 
earlier.