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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666
November 9, 2006
Matthew Spinelli
Eugene, Oregon 97405
NOTICE OF UNLICENSED OPERATION
Case Number: EB-06-PO-138
Document Number: W20073292001
The Portland Resident Agent Office received information that an unlicensed
broadcast radio station on 107.3 MHz was allegedly operating in Eugene,
Oregon. On October 13, 2006, an agent from this office confirmed by
direction finding techniques that radio signals on frequency 107.3 MHz
were emanating from a mobile home located at 2042 W. Washington Street,
Eugene, Oregon 97405. The Commission's records show that no license was
issued for operation of a broadcast station at this location on 107.3 MHz
in Eugene, Oregon.
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 2,200
microvolts per meter (uV/m) at 83 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.
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.
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005