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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                              South Central Region

                                 Atlanta Office

                        3575 Koger Boulevard, Suite 320

                                Duluth, GA 30096

                                February 9, 2010

   Mr. Stephen Tutt

   dba Cosmos Sports Bar and Grill

   Birmingham, AL

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-AT-0008

   Document Number: W201032480004 

   The Commission's Atlanta Office of the Enforcement Bureau received
   information that an unlicensed broadcast radio station on 90.7 MHz was
   allegedly operating in Birmingham, Alabama. On January 29, 2010, agents
   from this office confirmed by direction finding techniques that radio
   signals on frequency 90.7 MHz were emanating from your bar and grill
   located at 3200 12th Avenue North, Birmingham, Alabama. The Commission's
   records show that no license has been issued for operation of a broadcast
   station on 90.7 MHz  from this location in Birmingham, Alabama. You stated
   you leased space within your bar and grill to someone who was operating
   the unlicensed radio station and voluntarily relinquished their
   transmitter.

   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. The field strength of the signal on
   frequency 90.7 MHz was measured at 34,715 microvolts per meter (uV/m ) at
   403.9 meters which exceeded the maximum permitted level of 250 uV/m at 3
   meters for non-licensed devices. Thus, this situation 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 or providing services and
   facilities incidental to the operation of an unlicensed radio transmitter
   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 NOT RESUME.

   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 or
   information regarding the owner of the transmitter. 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.

   Douglas G. Miller

   District Director

   Atlanta Office

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005