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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                                Northeast Region

                                 Detroit Office

                               24897 Hathaway St.

                        Farmington Hills, MI 48335-1552

                                 August 6, 2009

    (Sent via Certified Return Receipt Requested and First Class U.S. Mail)

   Larry Swadner

   Cincinnati, OH

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-DT-0092

   Document Number: W200932360004

   The Detroit Office received information that an unlicensed broadcast radio
   station on 87.9 MHz was allegedly operating in Cincinnati, OH. On July 21,
   2009, agents from this office confirmed by direction finding techniques
   that radio signals on frequency 87.9 MHz were emanating from Larry
   Swadner's residence in Cincinnati, OH. The Commission's records show that
   no license was issued for operation of a broadcast station on 87.9 MHz  at
   this location in  Cincinnati, OH.  

   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. Operation of a broadcast station on
   87.9 MHz, however, is not authorized at any field strength level.  See 47
   C.F.R. S:15.209(a).  Thus, this station is operating in violation of 47
   U.S.C. S: 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. S:S: 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 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.

   James A. Bridgewater

   District Director

   Detroit Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", March 2005

   Although not applicable to a broadcast station, we note that periodic
   operation on 87.9 MHz would be permitted under 47 C.F.R. S: 15.231.