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                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                              San Francisco Office

                          5653 Stoneridge Dr., Ste 105

                           Pleasanton, CA 94588-8543

                                 (925) 416-9717

                               December 14, 2011

   24 Hour Fitness Sunnyvale - East Arques

   Sunnyvale,  California 94086

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-10-SF-0293

   Document Number: W201232960004

   The San Francisco Office received a complaint of interference that an
   unlicensed broadcast radio station on 90.5  MHz was allegedly operating in
   Sunnyvale, California. On December 8, 2011, agents from this office
   confirmed by direction finding techniques that radio signals on frequency 
   90.5  MHz were emanating from 1211 E. Arques Avenue, Sunnyvale,
   California. The Commission's records show that no license was issued for
   operation of a broadcast station at this location on 90.5  MHz in
   Sunnyvale, California.   The San Francisco agents attempted to inspect the
   subject radio station transmitter but 24 Hour Fitness personnel refused to
   allow a complete inspection.

   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. Your operation on frequency  90.5  MHz was measured at
   5,576  microvolts 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.

   Section 303(n) of the Communications Act of 1934, as amended, 47 U.S.C. S:
   303(n), gives the FCC 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. Your
   refusal to allow an inspection of your radio equipment is a violation of
   Section 303(n) of the Communications Act of 1934, as amended.

   You are hereby warned that operation of radio transmitting equipment
   without a valid radio station authorization, and refusal to allow FCC
   agents to inspect the radio transmitting equipment that you are operating,
   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.)


   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. Van Stavern

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   CC: 24 Hour Fitness USA Corporate Headquarters

   San Ramon, CA


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005