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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226
May 8, 2008
Linda Davis
Salt Lake City, Utah
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-DV-335
Document Number: W200832800001
The Denver Office received information that an unlicensed broadcast radio
station on 95.3 MHz. was allegedly operating in Salt Lake City, Utah. On
April 26, 2008, agents from this office confirmed by direction finding
techniques that radio signals on frequency 95.3 MHz were emanating from
your residence in Salt Lake City, Utah. The Commission's records show that
no license was issued for operation of a broadcast station at this
location on 95.3 MHz in Salt Lake City, Utah.
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.
S:S: 15.1 et seq. Your operation on frequency 95.3 MHz was measured at
30,000 microvolts per meter (uV/m) at 87 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.
S:S: 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 District Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005