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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
April 26, 2007
Cris Fournier
Saratoga, WY 82331
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-DV-164
Document Number: W20073280005
The Denver Office received information that an unlicensed broadcast radio
station on 100.3 MHz was allegedly operating in Saratoga, Wyoming. On
March 27, 2007, agents from this office confirmed by direction finding
techniques that radio signals on frequency 100.3 MHz were emanating from
the property at 107 W. Bridge Avenue, Saratoga, Wyoming. Public records
list you as the owner of the property. The Commission's records show that
no license was issued for operation of a broadcast station at this
location on 100.3 MHz in Saratoga, Wyoming.
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 100.3 MHz was measured at 17,574
microvolts per meter (uV/m) at 36.6 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 signal were
detected on the frequencies of 115.5 MHz and 119.1 MHz. The spurious
signals are within the radio frequency band assigned for communications
between aircraft and/or aircraft and aviation ground facilities. The
signals may present a safety hazard to the operation of aircraft since
air/ground communications could be affected.
Also, a spurious radio signal associated with operation of this station
was detected on 200.6 MHz. The spurious signal is within the frequency
band assigned for FCC Part 73 TV Broadcast Stations and FCC Part 74
Auxiliary Broadcast Stations, and could interfere with licensed or other
authorized radio communications.
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.
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005