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                               ENFORCEMENT BUREAU

                                 WESTERN REGION

                            Seattle District  Office

                         11410 NE 122^nd Way, Suite 312

                               Kirkland, WA 98034

                                 March 29, 2007

   Daniel Dotson

   Hava Java

   Everett, WA 98204

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-07-ST-047

   Document Number: W20073298003

   The Seattle District Office received information that an unlicensed
   broadcast radio station on 97.9 MHz was allegedly operating in Everett. On
   March 16 and 20, 2007, agents from this office confirmed by direction
   finding techniques that radio signals on frequency 97.9 MHz  were
   emanating from the Hava Java, a coffee stand, at 10312 4^th Avenue West,
   Everett, WA. The Commission's records show that no license was issued for
   operation of a broadcast station at this location on 97.9 MHz in Everett,

   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. The operation on frequency 97.9 MHz was measured at 2,550
   microvolts per meter (uV/m) at 161 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.)


   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.

   Kristine A. McGowan

   District Director

   Seattle District Office

   Western Region

   Enforcement Bureau


   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet," March 2005