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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Dr, Ste 105
Pleasanton, CA 94588-8543
(925) 416-9717
March 7, 2006
California College of the Arts
Oakland, CA 94618
NOTICE OF UNLICENSED OPERATION
Case Number: EB-06-SF-025
Document Number: W20063296001
The San Francisco Office received information that an unlicensed broadcast
radio station on 87.9 MHz was allegedly operating in Oakland, CA. On
February 21, 2006, agents from this office confirmed by direction finding
techniques that radio signals on frequency 87.9 MHz were emanating from
California College of the Arts campus, identifying as "Art Interference
Radio." The Commission's records show that no license was issued for
operation of a broadcast station at this location on 87.9MHz in Oakland,
CA.
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. SS
15.1 et seq. Your operation on frequency 87.9 MHz was measured at 874
microvolts per meter (uV/m) at 220 meters. This exceeds the allowable
unlicensed limit of 100 uV/m at 3 meters established in Part 15. Thus,
this station 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 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.
SS 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. 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
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", July 2003