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                       ENFORCEMENT BUREAU
                         WESTERN REGION

                 Portland Resident Agent Office
                         P.O. Box 61469
                       Vancouver, WA 98666

                        November 10, 2005

Jeffrey Wendell Burk
Dietrich, Idaho 83324


                                   Case Number:  EB-05-PO-173
                                   Document Number:  W20063292001

The Portland Resident Agent Office received information that an 
unlicensed broadcast radio station on 106.7 MHz was allegedly 
operating in Shoshone, Idaho.  On September 28, 2005, agents from 
this office confirmed by direction finding techniques that radio 
signals on frequency 106.7 MHz were emanating from a business 
office located at the end of East ``H'' Street and Highway 93, 
Shoshone, Idaho.  The Commission's records show that no license 
was issued for operation of a broadcast station at this location 
on 106.7 MHz in Shoshone, Idaho.   

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.  Your operation on 
frequency 106.7 MHz was measured at 2000 microvolts per meter 
(V/m) at 220 meters.  This exceeds the allowable unlicensed 
limit of 250 V/m at 3 meters established in Part 15.  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).


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.  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.

Binh Nguyen
Resident Agent 
Portland Resident Agent Office

     Excerpts from the Communications Act of 1934, As Amended
     Enforcement Bureau, "Inspection Fact Sheet", July 2003