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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Drive, Suite: 105
Pleasanton, CA. 94588
(925) 416-9717
September 30, 2009
Edgar B. Melendez and Erminia Velez
San Francisco, CA 94110-2121
NOTICE OF UNLICENSED OPERATION
Case Number: EB-09-SF-0059
Document Number: W200932960003
The San Francisco Office received information that an unlicensed broadcast
radio station on 107.3 MHz was allegedly operating in San Francisco, CA.
On August 17, 2009 agents from this office confirmed by direction finding
techniques that radio signals on frequency 107.3 MHz were emanating from
the property at 3011 23rd Street, San Francisco, CA. Public records list
you as the owners of the property. The Commission's records show that no
license was issued for operation of a broadcast station at this location
on 107.3 MHz in San Francisco, CA.
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 that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R.
S:S: 15.1 et seq. The operation on frequency 107.3 MHz was measured at
63,034 microvolt's per meter (uV/m) at 3 meters. This exceeds the
allowable unlicensed limit of 250 uV/m at 3 meters established in Part 15.
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 of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, 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.
Thomas N. VanStavern
District Director
San Francisco Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005