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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
April 7, 2006
Gabriel A. Garcia
San Jose, CA 95110
NOTICE OF UNLICENSED OPERATION
Case Number: EB-06-SF-037 Document Number: W20063296006
The San Francisco Office received information that an unlicensed broadcast
radio station on 107.3 MHz was allegedly operating in San Jose, CA. On
March 2, 2006, agents from this office confirmed by direction finding
techniques that radio signals on frequency 107.3 MHz were emanating from
290A S. 31^st Street, San Jose, CA identifying as "KNRG." The Commission's
records show that no license was issued for operation of a broadcast
station at this location on 107.3 MHz in San Jose, 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 107.3 MHz was measured at 1,196
microvolts per meter (uV/m) at 560 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.
Spurious radio signals associated with the operation of this station were
detected on the frequencies of 118.6 MHz and 131.01 MHz. The spurious
signals are within the radio frequency band assigned for communications
between aircraft and/or aircraft and aviation ground facilities. The
signal(s) may present a safety hazard to the operation of aircraft since
air/ground communications could be affected.
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