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                               ENFORCEMENT BUREAU

                                NORTHEAST REGION

                            Chicago District Office

                      1550 North Northwest Hwy, Suite 306

                              Park Ridge, IL 60068

                                 June 21, 2006

   Kerry W. & Sandra K. Poltrock Case Number: EB-06-CG-180

   Kenosha, WI Document Number: W20063232002

                         NOTICE OF UNLICENSED OPERATION

   The Chicago Office received information that an unlicensed broadcast radio
   station on 99.9 MHz was allegedly operating in Kenosha, WI. On May 5,
   2006, agents from this office confirmed by direction finding techniques
   that radio signals on the frequency 99.9 MHz were emanating from your
   residence. The Commission's records show that no license was issued for
   operation of a broadcast station on 99.9 MHz at this location in Kenosha,

   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 or mode of operation that
   complies with the standards established in Part 15 of the Commission's
   rules, 47 C.F.R. SS 15.1 et seq. The field strength of the signal on
   frequency 99.9 MHz was measured at 19,903 microvolts per meter (uV/m) at
   45 meters. This exceeds the maximum permitted level of 250 uV/m at 3
   meters for a non-licensed device. Thus, this station was 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 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. SS 401, 501, 503 and


   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. 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.

   G. Michael Moffitt

   District Director

   Chicago Office


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", July 2003


   Section 301. License for Radio Communication or Transmission of Energy

   It is the purpose of this Act, among other things, to maintain the control
   of the United States over all the channels of radio transmission; and to
   provide for the use of such channels, but not the ownership thereof, by
   persons for limited periods of time, under licenses granted by Federal
   authority, and no such license shall be construed to create any right,
   beyond the terms, conditions, and periods of the license. No person shall
   use or operate any apparatus for the transmission of energy or
   communications or signals by radio (a) from one place in any State,
   Territory, or possession of the United States or in the District of
   Columbia to another place in the same State, Territory, possession, or
   District; or (b) from any State, Territory, or possession of the United
   States, or from the District of Columbia to any other State, Territory, or
   possession of the United States; or (c) from any place in any State,
   Territory, or possession of the United States, or in the District of
   Columbia, to any place in any foreign country or to any vessel; or (d)
   within any State when the effects of such use extend beyond the borders of
   said State, or when interference is caused by such use or operation with
   the transmission of such energy, communications, or signals from within
   said State to any place beyond its borders, or from any place beyond its
   borders to any place within said State, or with the transmission or
   reception of such energy, communications, or signals from and/or to places
   beyond the borders of said State; or (e) upon any vessel or aircraft of
   the United States (except as provided in section 303(t); or (f) upon any
   other mobile stations within the jurisdiction of the United States, except
   under and in accordance with this Act and with a license in that behalf
   granted under the provisions of this Act.

   Section 303. General Powers of The Commission

   Except as otherwise provided in this Act, the Commission from time to
   time, as public convenience, interest, or necessity requires shall-


   (n) Have authority to inspect all radio installations associated with
   stations required to be licensed by any Act, or which the Commission by
   rule has authorized to operate without a license under Section 307(e)(1),
   or which are subject to the provisions of any Act, treaty, or convention
   binding on the United States, to ascertain whether in construction,
   installation, and operation they conform to the requirements of the rules
   and regulations of the Commission, the provision of any Act, the terms of
   any treaty or convention binding on the United States and the conditions
   of the license or other instrument of authorization under which they are
   constructed, installed, or operated.

   Section 333. Willful or Malicious Interference

   No person shall willfully or maliciously interfere with or cause
   interference to any radio communications of any station licensed or
   authorized by or under this Act or operated by the United States

   Section 501. General Penalty

   Any person who willfully and knowingly does or causes or suffers to be
   done any act, matter, or thing, in this Act prohibited or declared to be
   unlawful, or who willfully or knowingly omits or fails to do any act,
   matter, or thing in this Act required to be done, or willfully and
   knowingly causes or suffers such omission or failure, shall, upon
   conviction thereof, be punished for such offense, for which no penalty
   (other than a forfeiture) is provided in this Act, by a fine of not more
   than $10,000 or by imprisonment for a term not exceeding one year, or
   both; except that any person, having been once convicted of an offense
   punishable under this section, who is subsequently convicted of violating
   any provision of this Act punishable under this section, shall be punished
   by a fine of not more than $10,000 or by imprisonment for a term not
   exceeding two years, or both.

   Section 503. Forfeitures in Cases of Rebates and Offsets


   (b)(1) Any person who is determined by the Commission ... to have--


   (B) willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act or under any treaty, convention, or other agreement to
   which the United States is a party and which is binding on the United


   shall be liable to the United States for a forfeiture penalty.


   Section 510. Forfeiture of Communications Devices

   (a) Any electronic, electromagnetic, radio frequency, or similar device,
   or component thereof, used, sent, carried, manufactured, assembled,
   possessed, offered for sale, sold or advertised with willful and knowing
   intent to violate Section 301 or 302, or rules prescribed by the
   Commission under such sections, may be seized and forfeited to the United

                               Enforcement Bureau

                             Inspection FACT SHEET

                                   JULY 2003

   The Federal Communications Commission has the authority to inspect most
   radio installations. Responsibility for conducting these inspections
   generally rests with the Enforcement Bureau's Field Agents. In the course
   of fulfilling this responsibility, the Agents often receive questions
   concerning the authority and procedure under which they are working. The
   Enforcement Bureau has assembled this general information sheet to address
   some of the more commonly asked questions concerning inspections and to
   clarify why and how inspections occur.

                              INSPECTION AUTHORITY

   Section 303(n) of the Communications Act of 1934, as amended, (Act) gives
   the Federal Communications Commission the "authority to inspect all radio
   installations associated with stations required to be licensed by any Act,
   or which the Commission by rule has authorized to operate without a
   license under section 307(e)(1), or which are subject to the provisions of
   any Act, treaty, or convention binding on the United States . . ." 47
   U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which
   implement the Act, grant the right to inspect most radio operations to the
   Commission, and by delegated authority to the Commission's Bureaus and
   agents. The Enforcement Bureau conducts inspections of radio installations
   as part of the Bureau's function to "[e]nforce the Commission's Rules and
   Regulations." 47 CFR 0.111(a).

   Both licensees and non-licensees must allow an FCC Agent to inspect their
   radio equipment. Along with the privilege of possessing a license come
   responsibilities such as knowing the applicable rules, including allowing
   the station to be inspected. Licensees should be aware of the Commission's
   right to inspect. Equally important, FCC Agents are allowed to inspect the
   radio equipment of non-licensees. Non-licensees include those individuals
   or entities operating in accordance with Part 15 of the Rules.
   Non-licensees also include those who should have a license to operate
   their equipment but have not obtained a license and are operating without

   Radio equipment is generally used in a commercial setting (e.g.,
   commercial broadcast station, land mobile station, commercial delivery
   service) or a residential setting (e.g., amateur, citizen's band (CB)
   radio). Home-based businesses may also operate radio stations. This fact
   sheet addresses inspection of radio stations in both the commercial and
   residential settings.

          Frequently Asked Questions Related to Residential Inspection

                         of Radio Equipment by the FCC

   Q: Why must operators of radio frequency devices allow the FCC to inspect
   their equipment?

   A: The Commission must ascertain essential facts pertaining to the
   operation of a station which may be vital to the resolution of a number of
   questions, including interference problems involving public safety. For
   this reason, the FCC must be able to check all covered equipment that have
   the potential to emit radio frequencies. Section 303(n) of the
   Communications Act gives the FCC this authority.

   Q:  What happens if I do not allow the FCC agent to inspect my equipment?

   A: Failure to allow inspection forecloses the opportunity to resolve the
   problem. Thus, refusal to allow inspection is a serious challenge to the
   Commission's authority to inspect radio stations and is a violation of the
   Rules. Such a refusal may lead to revocation of a license, maximum
   monetary forfeiture, or other Commission sanctions.

   Q: The FCC Agent standing at my door does not have a search warrant, so I
   don't have to let him in, right?

   A: Wrong. Search warrants are needed for entry involving criminal matters.
   One of the requirements as a licensee, or non-licensee subject to the
   Commission's Rules, is to allow inspection of your radio equipment by FCC
   personnel. Whether you operate an amateur station or any other radio
   device, your authorization from the Commission comes with the obligation
   to allow inspection. Even radio stations licensed under a "blanket" rule
   or approval, such as Citizen's Band (CB) Radio, are subject to the
   Commission's inspection requirement.

   Q: Well then, if I am a low-power broadcaster and don't have an FCC
   license, they need a search warrant, right?

   A: Wrong again. The FCC agents have the authority to inspect all radio
   equipment; even if you do not have a license, the FCC can still inspect
   your equipment. Section 303(n) of the Act gives the FCC the right to
   inspect all "stations required to be licensed." This language covers your
   low-power radio station. The FCC agents are inspecting the equipment, not
   searching your house.

   Q: Okay, I understand now why the Agent doesn't need a search warrant, but
   how do I know what the Agent will do next?

   A: Once you open the door, the agents should show their FCC identification
   card and badge, identify themselves by name and agency, and should state
   the purpose of the visit. They then should request permission to inspect
   the radio station. The agents may also ask to see records such as licenses
   for the station or operator. Agents, however, should never open private
   cabinets, drawers, or other private items in the search for license

    Q: Can the agents come to my residence at any hour of the day or night to
   conduct an inspection?

   A: FCC Agents inspect during the hours of operation. If you are operating
   your station during late or unusual hours you cannot use the time element
   as justification for refusing to permit an inspection at that time. You
   cannot avoid an inspection by electing to operate only during late or
   unusual hours.

   Q: The FCC Agent said that I had to allow inspection of my radio station
   without unnecessary delay. What does "without unnecessary delay" mean?

   A: Immediate on-the-spot inspections are generally necessary. In most
   cases, any delay can result in changed conditions of the transmitting
   equipment or its operation, adversely affecting the efficacy of the
   inspections. For that reason, Agents cannot return at a later time to
   accommodate the operator, cannot wait for the operator to make any
   adjustments to the equipment, and cannot spend time repeating the reasons
   for the inspection.

   Q: Why don't the FCC's agents have to make an appointment with me to
   inspect my equipment?

   A: The Commission has no means of determining whether a station is being
   operated as licensed except through immediate on-the-spot inspection. To
   establish the amount of operating power of a station, the input power of
   the last radio stage of the transmitter must be actually measured with
   test equipment. To delay an inspection for the convenience of a licensee
   would allow the licensee time in which to modify or restore the
   transmitter to its licensed condition, thus permitting the licensee to
   avoid detection. This same theory also applies in the case of whether a
   station is operating with an unapproved type of transmitter.

   Q: What can happen to me if the agent determines that I am using illegal
   or unauthorized equipment?

   A: There are several different ways that this situation can be handled.
   You may volunteer to surrender the equipment to the agent who will then
   destroy it under FCC procedure. If you choose not to surrender the
   equipment, the FCC can bring a proceeding against you to take the
   equipment. This is known as an in rem (i.e., property) forfeiture
   proceeding. Additionally, if you choose not to surrender the equipment,
   you can be issued a civil monetary forfeiture penalty. See 1997 Forfeiture
   Policy Statement 12 FCC Rcd 17087(1997).

   Q: Am I required to surrender any illegal or unauthorized equipment to the

   A: No, surrender is voluntary. However, it is the best way to avoid a
   large monetary forfeiture.

   Q: Is the inspection procedure for various services different? Is the
   procedure different for licensees and non-licensees?

   A: The inspection procedure is essentially the same for all of the
   services. Similarly, the inspection procedure is the same for licensed and
   non-licensed stations. This is because the FCC has the right to inspect
   ALL covered radio equipment.

   Frequently Asked Questions for the Business Environment

   Q: FCC Agents arrived to inspect the radio at my office. My boss isn't
   here. Should I call my boss to be present for the inspection?

   A: You may call your boss if you wish. If the company is open for
   business, however, the inspection should be permitted regardless of
   whether your boss is present. This is not an acceptable reason to delay an

   Q: My boss didn't tell me anyone would come by to inspect our radio so I
   don't have to let the FCC inspectors in, right?

   A: Wrong. The licensee is responsible for knowing the rules and those
   include the FCC's right to inspect. Because the employer is responsible
   for the acts of the employee, it is up to the licensee-employer to inform
   its staff as to its responsibilities concerning the operation of the radio

   Q: I run a small daytime only AM station. Do I have to allow the agents to
   inspect the station late at night?

   A: The FCC inspects during hours of operation. Thus, a day time station,
   by definition, should not be operating at night. If FCC agents determine
   that radio signals are emitting from the daytime station during night time
   hours, however, an inspection must be allowed if requested by an FCC

   Q: How do I know that these are really agents from the FCC?

   A: FCC Agents have a badge and credentials with their names and the FCC
   seal which they will present to you when requesting your permission to
   inspect. If you would like to further confirm their identity, you may call
   the FCC's Crisis Management and Communications Room in Washington, D.C.,
   at (202)418-1122. It is open 24 hours a day, 365 days a year.

   Q: If an agent is testing my FCC authorized equipment and the equipment
   breaks or malfunctions during the tests, is the FCC liable?

   A: If the agent was negligent, you may have a claim under the Federal Tort
   Claims Act (FTCA) to recover damages for your property. The FCC will make
   the initial determination whether the agent was negligent.

   Q: Can I have my attorney present during the inspection? Can I make the
   agent wait to start the inspection until my attorney is present?

   A: You may have your attorney present during the inspection; however,
   there is no constitutional right to have your attorney present. Therefore,
   you may not make the agent wait until your attorney arrives. Making the
   agent wait for your attorney conflicts with the "unnecessary delay"
   requirement discussed earlier.