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                       FEDERAL COMMUNICATIONS COMMISSION
                        762002857500ENFORCEMENT BUREAU
                                WESTERN REGION

                                Honolulu Office
                                P.O. Box 971030
                          Honolulu, Hawaii 96797-1030

                                 May 15, 2014


Brian David Hall
Hilo, Hawaii 96720

                        NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDWR-14-00015628
	Document Number:  W201432860002

The Honolulu Office received information that an unlicensed broadcast radio station on 104.5 MHz was allegedly operating in Hilo, Hawaii.  On May 7, 2014, agents from this office confirmed by direction finding techniques that radio signals on frequency 104.5 MHz were emanating from your residence in Hilo, Hawaii.  The Commission's records show that no license was issued for operation of a broadcast station at this location on 104.5 MHz in Hilo, Hawaii.   

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 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 104.5 MHz exceeded the maximum permitted level of 250 microvolts per meter (uV/m) at 3 meters for non-licensed devices.  Thus, this station is 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 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. §§ 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 proof of your license or 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. § 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 Raymond
Resident Agent
Honolulu Office





Attachments:
	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet," March 2005