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                FEDERAL COMMUNICATIONS COMMISSION

                       ENFORCEMENT BUREAU
                        Northeast Region

                         Detroit Office
                      24897 Hathaway Street
              Farmington Hills, Michigan 48335-1552

                        January 30, 2006

CERTIFIED MAIL NO.:  7003 1680 0001 9977 1456
RETURN RECEIPT REQUESTED
AND FIRST CLASS U.S. MAIL

James Gray Vogelsang
Manistee, Michigan

                 NOTICE OF UNLICENSED OPERATION

                                   Case Number:  EB-05-DT-388
                                   Document Number:  W20063236005

The Detroit Office received information that an unlicensed 
broadcast radio station on 88.3 MHz was allegedly operating in 
Wellston, Michigan.  On January 11, 2006 an agent from this 
office confirmed by direction finding techniques that radio 
signals on frequency 88.3 MHz were emanating from your residence 
in Manistee, Michigan.  The Commission's records show that no 
license was issued for operation of a broadcast station on 88.3 
MHz at this location in Manistee, Michigan.   

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 or mode 
of operation 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 88.3 MHz was measured 
at 440,442 µV/m at 91.4 meters, which exceeded the maximum 
permitted level of 250 microvolts per meter (µV/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 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. §§ 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. § 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.



James A. Bridgewater
District Director 
Detroit Office





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